ACTS  AND  RESOLUTIONS 


SECOND  SESSION 


PROVISIONAL   CONGRESS 


CONFEDERATE   STATES, 


HELD  AT  MOXTGOMEIiY,  ALA. 


RICHMOND 


ENQUIRER     BOOK     AND     JOB     PRESS. 
BY  TYLER,  WISK,  ALLEGRK  &   SMITH. 


11 


ACTS  AND  RESOLUTiOX?. 


No.   102.]  AN  ACT 

To  provide  for  the  appointment  of  Clmplains  in  the  Army. 

Sfxtion  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  there  shall  he  appointed  l\y  the  President 
such  number  of  chaplains,  to  serve  with  the  armies  of  the 
Confederate  States  during;  the  existing  war,  as  he  may  deem 
expedient ;  and  the  President  shall  assign  them  to  such  regi- 
ments, brigades  or  posts  as  he  may  deem  necessary  ;  and  the 
appointments  made  as  aforesaid  shall  expire  ■whenever  the 
existing  war  ehall  terminate. 

Skc.  2.  Themonthl}'  pay  of  said  cliaphiins  shall  be  eighty- 
five  dollars;  and  said  pay  shall  be  in  full  of  all  allowances 
whatever. 

Approved  May  3,   1861. 


No.  103.]  A  RESOLUTION 

Of  thanks  to  Brigadier  General  G.  T.  Beauregard  and  the 
Army  under  his  command,  for  their  conduct  in  the  affair 
of  Fort  Sumter. 

Beit  unaniinously  resolved  by  the  Cons:ress  of  the  Confederate 
States  of  America,  That  the  thanks  of  the  people  of  the  Confed- 
erate States  are  due,  and  through  this  Congress  arc  hereby  ten- 
dered, to  Brigadier  General  G.  T.  Beauregard  and  the  officers, 
military  and  naval,  under  his  command,  an<l  to  the  gallant 
troops  of  the  State  of  South  Carolina,  for  the  skill,  fortitude 
and  courage  by  which  they  reduced  and  caused  the  surren- 


dcr  of  fort  Sumter,  in  the  harbor  of  Charleston,  on  the 
tAvelfth  and  thirteenth  days  of  April,  1861.  And  the  com- 
mendation of  Congress  is  also  hereby  declared  of  the  gen- 
erosity manifested  by  their  conduct  towards  a  brave  and 
vanquished  foe. 

Be  it  further  resolved.  That  a  copy  of  this  resolution  be 
communicated  by  the  President  to  General  Beauregard,  and 
through  him  to  the  army  then  under  his  command. 

Approved  May  4,  1861. 


No.  104.]  A  RESOLUTION 

To  extend  the  provisions  of  a  Resolution  approved  March  4, 

1861. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  resolution  passed  by  this  Congress  and  approved 
March  the  fourth,  1861,  in  relation  to  patents  and  caveats, 
be  extended  to  citizens  of  all  the  slaveholding  States. 

Approved  May  4,  1861. 


No.   105.]  AN  ACT 

Providing  for  a  Regiment  of  Zouaves  in  the  Army  of  the 
Confederate  States. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  there  shall  be  added  to  the  military  establish- 
ment of  the  Confederate  States  one  regiment  of  Zouaves,  to 
be  composed  of  one  colonel,  one  lieutenant-colonel,  one 
major,  and  ten  companies ;  and  each  company  shall  consist 
of  one  captain,  one  first  lieutenant,  two  second  lieutenants, 
one  sergeant  major,  one  quartermaster's  sergeant,  four  ser- 
geants and  eight  corporals,  and  ninety  privates.  And  to  the 
regiment  there  shall  be  attached  one  adjutant  and  a  quarter- 
master, to  be  selected  from  the  lieutenants.  And  one 
assistant  surgeon  shall  be  appointed  for  the  regiment,  in  ad- 
dition to  those  already  authorized  by  law  for  the  medical  de- 
partment. The  monthly  pay  of  the  officers  of  the  regiment 
of  Zouaves  shall  be  the  same  as  that  of  officers  of  infantry 
of  the  same  rank ;  the  allowances  shall  also  be  the  same  as 
those  provided  by  law  for  officers  of  infantry ;  and  the  ad- 


jutant  and  quartermaster  shall  receive  ten  dollars  per  month 
in  addition  to  their  pay  as  lieutenants.  The  monthly  pay  of* 
the  enlisted  men  of  said  regiment  of  Zouaves  shall  be  as 
follows :  sergeant  major  and  quartermaster's  sergeants, 
twenty  dollars ;  sergeants,  seventeen  dollars ;  corporals, 
thirteen  dollars  ;  and  privates,  eleven  dollars  each  ;  together 
with  the  same  rations  and  allowance  for  clothing  as  are  re- 
ceived by  all  other  enlisted  men. 

Approved  May  4,  1861. 


No.  108.]  AN  ACT 

To  admit  the  Commonwealth  of  Virginia  as  a  mcnd^er  of  the 
Confederate  States  of  America. 

The  Commonwealth  of  Virginia  having  in  a  Conven- 
tion of  her  People  ratified  and  adopted  the  Constitution  of 
the  Provisional  Government  of  the  Confederate  States  of 
America,  therefore 

The  Congrcsft  of  the  Confederate.  States  of  America  do  enact. 
That  the  Commonwealth  of  Virginia  be  and  is  hereby  ad- 
mitted as  a  member  of  the  said  Confederate  States,  upon  an 
equal  footing  with  the  other  Confederate  States,  under  the 
Constitution  for  the  Provisional  Government  of  the  same. 

Approved  May  7,  1861. 


No.  109.]  AN  ACT 

To  raise  an  additional  Military  Force   to  serve   during  the 

War. 

Skction  1.  The  Congresn  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  in  addition  to  the  volunteer  force  authorized 
to  lie  raised  under  existing  laws,  the  President  be  and  he  is 
hereby  authorized  to  accej>t  the  services  of  volunteers  who 
may  offer  their  services,  without  regard  to  the  place  of  en- 
listment, cither  as  cavalry,  mounted  riflemen,  artillery,  or 
infantry,  in  such  proportion  of  these  several  arms  as  he  may 
deem  expedient,  to  serve  for  and  during  the  existing  war, 
unless  sooner  discharged. 

k>Kc.  2.  That  the  volunteers  so  offering  their  services  may 
be  accepted  by  the  President  in  companies,  to  be  organized 


by  liim  into  squadrons,  battalions  or  regiments.  The  Presi- 
dent shall  appoint  all  field  and  staff  officers,  but  the  compa- 
ny officers  shall  be  elected  by  the  men  composing  the 
company ;  and  if  accepted,  the  officers  so  elected  shall  be 
commissioned  by  the  President. 

Sec.  3.  That  any  vacancies  occurring  in  the  ranks  of  the 
several  companies  mustered  into  service  under  the  provisions 
of  this  act,  may  be  filled  by  volunteers  accepted  under  the 
rules  of  such  companies ;  and  any  vacancies  occurring  in 
the  officers  of  such  companies  shall  be  filled  by  elections  in 
accordance  "with  the  same  rules. 

Sec.  4.  Except  as  herein  differently  provided,  the  volun- 
teer forces  hereby  authorized  to  be  raised  shall  in  all  regards 
be  subject  to  and  organized  in  accordance  with  the  provisions 
of  "  An  act  to  provide  for  the  public  defence,"  and  all  other 
acts  for  the  government  of  the  armies  of  the  Confederate 
States. 

Approved  May  8,  IbGl. 


No.  110.]  AN  ACT 

To  make  further  provision  for  the  Public  Defence. 

Whereas,  War  exists  between  the  United  States  and  the 
Confederate  States  ;  and  whereas  the  public  welfare  may  re- 
quire the  reception  of  volunteer  forces  into  the  service  of 
the  Confederate  States,  withouc  the  formality  and  delay  of  a 
call  upon  the  respective  States : 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  President  be  authorized  to  receive  into 
service  such  companies,  battalions  or  regiments,  either 
mounted  or  on  foot,  as  may  tender  themselves,  and  he  may 
require,  without  the  delay  of  a  formal  call  upon  the  respec- 
tive States,  to  serve  for  such  time  as  he  may  prescribe. 

Sec  2.  Such  volunteer  forces  who  maybe  accepted  under 
this  act,  except  as  herein  differently  provided,  shall  be  or- 
ganized in  accordance  with  and  subject  to  all  the  provisions 
of  the  act  entitled  "  An  act  to  provide  for  the  public  defence," 
and  be  entitled  to  all  the  allowances  provided  therein ;  and 
when  mustered  into  service,  may  be  attached  to  such  divis- 
ions, brigades  or  regiments  as  the  President  may  direct,  or 
ordered  upon  such  independent  or  detached  service  as  the 
President  may   deem  expedient:    provided,   however,   that 


battalions  and  regiments  may  be  enlisted  from  States  not  of 
the  Confederacy,  and  the  President  may  appoint  all  or  any 
of  the  field  officers  thereof. 

Sec.  3.  The  President  shall  be  authorized  to  commission  all 
officers  entitled  to  commissions,  of  such  volunteer  forces  as 
may  be  received  under  the  provisions  of  this  act.  And  upon 
the  request  of  the  officer  commanding  such  volunteer  regi- 
ment, battalion  or  company,  the  President  mny  attach  a  su- 
pernumerary officer  to  each  company,  detailed  from  the  reg- 
ular army  for  that  purpose,  and  for  such  time  as  the  Presi- 
dent may  direct. 

x\prR0VED  May  11,  1861. 


No.  111.]  AN  ACT 

To  amend  "An  Act  vesting  certain  powers  in  tlie  Postmaster 
General,"  approved  March  15,  18G1. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  provisions  of  "An  Act  vesting  certain 
powers  in  the  Postmaster  General,"  approved  March  15,  1861, 
be  so  amended  as  that  he  be  and  hereby  is  authorized  on  and 
after  a  day  to  be  named  by  him  in  a  proclamation  to  be  is- 
sued by  him  for  that  purpose,  to  take  the  entire  charge  and 
direction  of  the  postal  service  of  the  Confederate  States. 

Sec.  2.  A7}d  be  it  further  enacted,  That  the  Postmaster  Gen- 
eral be  and  he  hereby  is  authorized  and  empowered  to  annul 
contracts,  or  to  discontinue  or  curtail  the  service  and  pay  on 
them,  when  he  shall  deem  it  advisable  to  dispense  with  the 
service,  in  whole  or  in  part,  or  to  place  a  higher  or  different 
grade  of  service  on  the  route,  or  when  the  public  interests 
shall  require  such  discontinuance  or  curtailment  for  any 
other  cause,  he  allowing  one  month's  extra  pay  on  the  amount 
of  service  dispensed  with,  in  full  of  all  damages  to  the  con- 
tractor. 

Sec.  3.  And  he  it  further  enacted.  That  the  railroads  in  the 
Confederate  States  be  and  they  are  hereby  divi<led  into  three 
classes,  on  the  following  basis,  viz  :  The  great  through  lines 
connecting  important  points  and  conveying  heavy  mails,  to 
class  number  one ;  completed  railroads  connecting  less  im- 
portant points,  but  carrying  heavy  mails  for  local  distribu- 
tion, to  be  class  number  two;  and  roads  on  which  less  im- 
portant mails  arc  conveyed,  short  branch  roads,  and  such  un- 


s 

finished  roads  as  do  not  carry  great  mails  or  connect  impor- 
tant points,  shall  be  class  number  three. 

Sec.  4.  Aiid  be  it  ftirther  enacted,  That  in  contracts  made 
with  railroad  companies  for  carrying  the  mail  once  a  day,  on 
schedules  to  be  agreed  on,  the  Postmaster  General  may  allow 
them  compensation  not  exceeding  the  following  rates,  viz : 
On  first  class  roads,  one  hundred  and  fifty  dollars  per  mile ; 
on  second  class  roads,  one  hundred  dollars  per  mile ;  and  on 
third  class  roads,  fifty  dollars  per  mile ;  the  amount  of  com- 
pensation to  be  determined  by  the  importance  and  value  of 
the  services  to  be  performed :  Provided,  That  if  one-half  of 
the  services  on  any  railroad  is  required  to  be  performed  in 
the  night  time,  it  shall  be  lawful  for  the  Postmaster  General 
to  pay  twenty-five  per  cent,  in  addition  to  the  above  named 
maximum  rates  of  pay  :  Provided,  further.  That  the  agents, 
messengers,  and  other  traveling  employees  of  the  post-office 
department  shall  pass  free  of  charge  over  such  roads,  respec- 
tively ;  and  this  act  shall  take  effect  and  be  of  force  from  and 
after  its  passage. 

Approved  May  9,  1861. 


No.  113.]  AN  ACT 

Relative  to  Telegraph  Lines  of  the  Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  during  the  existing  war,  the  President  be 
and  he  is  hereby  authorized  and  empowered  to  take  such  con- 
trol of  such  of  the  lines  of  telegraph  in  the  Confederate  States, 
and  of  such  of  the  offices  connected  therewith,  as  will  enable 
him  effectually  to  supervise  the  communications  passing 
through  the  same,  to  the  end  that  no  communications  shall  be 
conveyed  of  the  military  operations  of  the  Government  to  en- 
danger the  success  of  such  operations,  nor  any  communica- 
tion calculated  to  injure  the  cause  of  the  Confederate  States, 
or  to  give  aid  and  comfort  to  their  enemies. 

Sec.  3.  The  President  shall  appoint  trustworthy  agents 
in  such  offices,  and  at  such  points  on  the  various  lines  as  he 
may  think  fit,  whose  duty  it  shall  be  to  supervise  all  commu- 
nications sent  or  passing  through  said  lines,  and  to  prevent 
the  transmission  of  any  communication  deemed  to  be  detri- 
mental to  the  public  service. 


Sec.  3.  In  case  the  owners  and  managers  of  said  lines 
shall  refuse  to  permit  such  supervision,  or  shall  fail  or  re- 
fuse to  keep  up  and  continue  the  business  on  said  lines,  the 
President  is  hereby  empowered  to  take  possession  of  the  same 
for  the  purposes  aforesaid. 

Sec.  4.  The  President  shall  from  time  to  time  issue  in- 
structions to  the  agents  so  appointed,  and  to  the  operators  of 
th.e  various  lines,  to  regulate  the  transmission  of  communi- 
cations touching  the  operations  of  the  Government,  or  calcu- 
lated to  aftcct  the  public  welfare. 

Sec.  5.  That  the  President,  at  his  discretion,  maA^  employ 
the  operators  of  the  lines  as  the  agents  of  tlie  (iovernment. 
so  that  in  this  as  in  all  other  respects  there  may  be  as  little 
interference  Avith  the  business  and  management  of  such  lines 
as  may  be  compatible  with  the  public  interest. 

Sec.  6.  That  the  compensation  of  the  agents  appointed  un- 
der this  act,  where  such  agents  are  not  ollicers  of  the  com- 
pany, and  the  expense  attending  the  execution  of  the  provi- 
sions of  this  act,  shall  be  paid  out  of  the  Treasury. 

Sec.  7.  That  no  communications  in  cypher,  nor  enigmati- 
cal, or  other  doubtful  communication,  shall  be  transmitted, 
unless  the  person  sending  the  same  shall  be  known  to  the 
agent  of  the  Government  to  be  trustworthy,  nor  until  the 
real  purport  of  such  communication  shall  be  explained  to 
such  agent. 

Sec.  8.  That  the  President  is  hereby  authorized,  whenever 
it  may  be  found  necessary  or  advisable  for  the  successful 
prosecution  of  the  war,  to  extend  existing  lines  of  telegraph, 
or  make  connections  between  the  same,  the  expense  of  con- 
tracting such  additional  lines  to  be  paid  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated. 

Sec.  9.  That  all  present  and  future  officers  of  the  telegraph 
lines  engaged  in  receiving  and  transmitting  intelligence  with- 
in the  Confederate  States  shall,  as  soon  as  practicable  after 
the  passage  of  this  act  or  after  their  appointment,  take  and 
subscribe  before  any  judicial  officer  of  any  one  of  the  Con- 
federate States,  the  following  oath  :  "I,  A.  Ji.,  do  solemnly 
swear  that  I  will  support  and  maintain  the  Constitution  of 
the  Confederate  States  of  America,  and  will  not,  knowingly, 
directly  or  indirectly,  transmit  through  the  telegraph  any 
communication  or  information  calculated  to  injure  the  cause 
of  the  Confederate  States,  or  to  give  aid  or  comfort  to  their 
enemies." 


10 

Sec.  10,  That  if  any  person  shall  knowingly  send  or  trans- 
mit any  message  or  communication  touchi^ig  the  military 
operations  of  the  Govei^nment,  without  the  same  being  first 
submitted  to  the  inspection  of  the  agent  of  the  Government, 
or  any  message  calculated  to  aid  and  promote  the  cause  of 
the  enemies  of  the  Confederate  States,  he  shall  be  subject  to 
indictment  in  the  district  court  of  the  Confederate  States,  and 
on  conviction  shall  be  fined  in  a  sum  not  less  than  five  hun- 
dred dollars,  and  imprisoned  for  a  term  not  less  than  one 
year. 

Approved  May  11,  1861. 


No.  114.]  A  RESOLUTION 

In  regard  to  the  military  expenditures  made  by  the  State  of 
South  Carolina. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer- 
ica, That  the  expenditures  made  by  the  State  of  South  Ca- 
rolina for  the  pay  and  maintainance  of  the  troops  employed 
in  the  defence  of  the  Charleston  harbor,  under  the  com- 
mand of  Brigadier  General  Beauregard,  were  intended  to 
be  pi'ovided  for  by  an  act  making  appropriations  for  the  sup- 
port of  three  thousand  men,  for  twelve  months,  to  be  called 
into  service  at  Charleston,  South  Carolina,  under  the  third 
and  fourth  sections  of  an  act  of  the  Congress,  to  raise 
provisional  forces  for  the  Confederate  States  of  Amer- 
ica, and  for  other  purposes ;  and  that  the  amount  of  such 
expenditures  be  audited  by  the  proper  officer  of  the  Treasury 
Department,  and  that  the  amount  which  shall  be  found  due, 
be  paid  to  the  State  of  South  Carolina,  from  the  appropria- 
tion made  by  the  Act  aforesaid. 

Approved  May  10,  1861. 


No.  115.1  AN  ACT 

To  amend  "An  Act  to  Provide  for  the  Public  Defence," 
approved  March  6,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enacts  That  the  President  may  receive  into  the  service 
of  the  Confederate  States  any  company  of  light  artillery, 
■which  by  said  act  he  is  authorized  to  do,  with  such  complc- 


11 


mcnt  of  officers  and  men,  and  with  such  equipments  as  to  him 
shall  seem  proper;  anything  in  said  act  of  the  Gth  of  Murj.:, 
1861,  to  the  contrary,  notwithstanding. 

Approved  May  10,  1861. 


No.  US.]  AN  ACT 

To  amend  an  act  entitled  "  An  Act  to  fix  the  pay  of  mem- 
bers of  thu  Congress  of  the  Confederate  States  of  Amer- 
ica," approved  March  11,  1861. 

Skction  1.  The  Congress  of  the.  Confederate  States  of  ylmer~ 
ka  do  enact,  That  the  above  entitled  act,  approved  INIarch  11, 
1861,  be  so  amended  and  construed  as  to  provide,  that  in 
computing  the  mileage  to  which  members  are  entitled,  the 
distance  shall  be  estimated  by  the  usual  route  of  travel  from 
the  residence  of  the  member  to  the  place  where  Congress 
may  assemble. 

Sec.  2.  Be  it  further  enacted.  That  this  act  shall  take  effect 
and  lie  of  force  from  its  passage. 

Approved  May  11,  1861. 


No.  no.]  AN  ACT 

In  relation  to  the  Confederate  Loan. 

Whereas,  Under  and  b}'  virtue  of  the  act  to  raise  money 
for  the  sujiport  of  the  government,  and  to  provide  for  the 
defence  of  the  Confederate  States  of  America,  approved 
February  28,  1861,  the  Secretary  of  the  Treasury  did  pro- 
ceed to  offer  five  millions  of  said  loan,  conformably  to  the 
provisions  of  said  act:  And  whereas,  in  many  portions  of 
the  Confederate  States  the  currency  was  and  is  composed  of 
notes  of  banks  which  have  suspended  specie  pvymeiit,  not  of 
necessity,  but  as  a  measure  of  public  policy:  And  whereas, 
certain  of  said  banks  did  agree  to  redeem  in  coin  or  its 
equivalent  such  of  their  notes  as  should  be  paid  in  by  subscri- 
bers to  said  loan  :  And  whereas,  the  Secretary  of  the  Treas- 
ury, in  view  of  the  exigencies  of  the  times,  and  with  a  de- 
sire to  give  to  the  people  of  all  parts  of  the  Confederate 
States  the  opportunity  of  subscribing  to  said  loan,  did  au- 


12 

thorize  the  loan  commissioners  to  receive  the  notes  of  the 
banks  hereinbefore  referred  to ;  and  to  avoid  inconvenience 
and  the  risk  of  transit,  has  authorized  the  said  loan  commis- 
sioners to  deposit  the  moneys  received  by  them  in  said  banks : 
Now,  therefore, 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  all  of  the  acts  and  doings  of  the  Secretary  of  the 
Treasury,  of  his  subordinate  officers,  and  of  the  loan  com- 
missioners, consistent  with  the  facts  recited  in  the  foregoing 
preamble,  are  hereby  confirmed  and  made  valid,  any  laAV, 
usage  or  custom  to  the  contrary,  notwithstanding :  and  the 
said  Secretary,  his  subordinate  officers,  and  the  loan  com- 
missioners, are  hereby  authorized  to  continue  so  to  act  in 
regard  to  the  said  loan,  until  the  whole  amount  authorized 
by  said  act  shall  have  been  fully  subscribed  for,  and  their 
duties  regarding  the  same  shall  have  determined  ;  and  the 
said  Secretary  is  authorized  to  make  and  continue  the  de- 
posits of  moneys  received  or  to  be  received  on  account  of 
the  said  loan  in  any  of  the  said  banks  ;  and  the  Treasurer  of 
the  Confederate  States  is  authorized  to  draw  checks  or  war- 
rants on  said  banks  on  account  of  said  deposits,  payable 
eiher  in  coin  or  its  equivalent,  or  in  current  bank  notes,  as 
the  Secretary  of  the  Treasury  may  direct. 

Approved  May  11,  1861. 


No.  120.]  AN  ACT 

To  amend  an  Act  entitled  "  An  Act  further  to  provide  for 
the  organization  of  the  Post-Office  Department,"  approved 
March  9,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  from  and  after  the  passage  of  this  act,  the 
annual  salary  of  the  chief  of  the  contract  bureau,  the  chief 
of  the  appointment  bureau,  and  the  chief  of  the  finance 
bureau,  shall  be  three  thousand  dollars ;  and  that  hereafter, 
as  the  office  of  either  of  them  shall  be  vacated,  the  appoint- 
ment of  his  successor  shall  be  made  by  the  President  of  the 
Confederate  States,  by  and  with  the  advice  and  consent  of 
the  Congress ;  and  the  clerks,  draftsmen  and  other  employees 
of  the  department  shall  be  appointed  by  the  Postmaster 
General. 

Sec.  2.  And  he  it  further  enacted,  That  in  case  of  the 
death,  resignation,   absence  or  removal  from   office   of  the 


13 

Postmaster  General,  all  his  poAvcrs  and  duties  shall  devolve 
on  and  be  performed  by  the  chief  of  the  contract  bureau, 
until  a  successor  shall  be  appointed  and  arrive  at  the  gene- 
ral post-office  to  perform  the  business,  or  until  the  return  of 
the  Postmaster  General:  Provided,  however,  The  said  chief 
of  the  contract  bureau  shall  make  no  permanent  appoint- 
ment of  clerks. 

Sec.  3.  And  be  it  further  enacted,  That  there  shall  be 
allowed  to  each  of  the  bureaus  of  the  department,  and  also 
to  the  inspection  office,  a  principal  clerk,  at  an  annual  sala- 
ry of  fourteen  hundred  dollars  each.  And  the  Postmaster 
General  is  hereby  authorized  to  employ  ten  additional  clerks, 
at  an  annual  salary  of  twelve  hundred  dollars  each;  also 
four  clerks,  at  an  annual  salary  of  one  thousand  dollars 
each ;  also  one  watchman,  at  an  annual  salary  of  five  hun- 
dred dollars. 

Sec.  4.  And  be  it  further  enacted,  That  the  clerk  charged 
with  the  disbursement  of  the  contingent  and  salary  funds  of 
the  department  be  allowed  an  additional  compensation  of 
two  hundred  dollars  per  annum ;  and  that  this  act  take  eifect 
and  be  in  force  from  and  after  its  passage. 

Approved  May  11,  1861. 


No.  121.]  AN  ACT 

To  amend  "  An  Act  to  prescribe  the  Rates  of  Postage  in 
the  Confederate  States  of  America,  and  for  other  pur- 
poses," approved  February  23,  1861. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  so  much  of  the  first  section  of  an  act  en- 
titled "  An  act  to  prescribe  the  rates  of  postage  in  the  Con- 
federate States  of  America,  and  for  other  purposes,"  ap- 
proved February  23,  1861,  as  relates  to  sealed  packages 
containing  other  than  printed  or  written  matter,  including 
money  packages,  be  and  the  same  is  hereby  so  amended  as 
to  re(iuire  that  such  packages  shall  be  rated  by  weight,  and 
charged  the  rates  of  letter  postage. 

Sec.  2.  And  be  it  further  enacted.  That  the  second  section 
of  said  act  be  amended  as  follows,  to-wit :  That  all  newspa- 
pers published  within  the  Confederate  States,  not  exceeding 
three  ounces  in  weight,  and  sent  from  the  office  of  publica- 
tion to  actual  and  bona  fide  subscribers  within   the  Confcdc- 


14 

rate  States,  sliall  be  charged  with  postage  as  follows,  to-wit: 
The  postage  on  the  regular  numbers  of  a  newspaper  pub- 
lished weekly  shall  be  ten  cents  per  quarter ;  papers  pub- 
lished semi-weekly,  double  that  amount;  papers  published 
thrice  a  week,  treble  that  amount ;  papers  published  six  times 
a  week,  six  times  that  amount;  and  papers  published  daily, 
seven  times  that  amount.  And  on  newspapers  Aveighing 
more  than  three  ounces  there  shall  be  charged  on  each  ad- 
ditional ounce,  in  addition  to  the  foregoing  rates,  on  those 
published  once  a  week,  five  cents  per  ounce  or  fraction  of  an 
ounce  per  quarter;  on  those  published  twice  a  week,  ten 
cents  per  ounce  per  quarter ;  on  those  published  three  times 
a  Aveek,  fifteen  cents  per  ounce  per  quarter ;  on  those  pub- 
lished six  times  a  week,  thirty  cents  per  ounce  per  quarter ; 
and  on  those  published  daily,  thirty-five  cents  per  ounce  per 
quarter.  And  periodicals  published  oftener  than  bi-monthly 
shall  be  charged  as  newspapers.  And  other  periodicals, 
sent  from  the  office  of  publication  to  actual  and  bo7ia  fide 
subscribers,  shall  be  charged  with  postage  as  folloAVS,  to-wit: 
The  postage  on  the  regular  numbers  of  a  periodical  publish- 
ed within  the  Confederate  States,  not  exceeding  one  and  a 
half  ounces  in  weight,  and  published  monthly,  shall  be  two 
and  a  half  cents  per  quarter,  and  for  every  additional  ounce 
or  fraction  of  an  ounce  two  and  a  half  cents  additional ;  if 
published  semi-monthly,  double  that  amount;  and  periodi- 
cals published  quarterly  or  bi-monthly  shall  be  charged  two 
cents  an  ounce  ;  and  regular  subscribers  to  newspapers  and 
periodicals  shall  be  required  to  pay  one  quarter's  postage 
thereon,  in  advance,  at  the  office  of  delivery,  unless  paid  at 
the  office  where  published.  And  there  shall  be  charged  up- 
on every  other  newspaper,  and  each  circular  not  sealed, 
hand-bill,  engraving,  pamphlet,  periodical  and  magazine, 
which  shall  be  unconnected  with  any  manuscript  or  written 
matter,  and  not  exceeding  three  ounces  in  weight,  and  pub- 
lished within  the  Confederate  States,  two  cents ;  and  for 
each  additional  ounce  or  fraction  of  an  ounce  two  cents  ad- 
ditional ;  and  in  all  cases  the  postage  shall  be  pre-paid  by 
stamps,  or  otherwise,  as  the  Postmaster  General  shall  direct. 
And  books,  bound  or  unbound,  not  weighing  over  four 
pounds,  shall  be  deemed  mailable  matter,  and  shall  be  charg- 
ed with  postage,  to  be  pre-paid  by  stamps  or  otherwise,  as 
the  Postmaster  General  shall  direct,  at  two  cents  an  ounce 
for  any  distance.  And  upon  all  ncAvspapers,  periodicals  and 
books,  as  aforesaid,  published  beyond  the  limits  of  the  Con- 
federate States,  there  shall  be  charged  postage  at  double  the 
foregoing  specified  rates.     The  publishers  of  newspapers  or 


15 

periodicals  within  the  Confederate  States  may  send  and  re- 
ceive to  and  from  each  other,  from  their  respective  offices  of 
pnhlication,  one  copy  of  each  publication  free  of  postage. 
All  newspapers,  unsealed  circulars,  or  other  unsealed  print- 
ed transient  matter,  placed  in  any  post-office  not  for  trans- 
mission hut  for  delivery  only,  shall  he  charged  postage  at 
the  rate  of  one  cent  each. 

Sec.  .3.  And  be  it  further  enacted,  That  the  third  section 
of  the  ahove  recited  act  he  and  the  same  is  hereby  so  amended 
as  to  authorize  the  Postmaster  General  to  provide  and  fur- 
nish ten  cent  stamps  and  stamped  envelopes ;  and  that  the 
provisions,  restrictions  and  penalties  prescribed  by  said  sec- 
tion of  said  act  for  violations  of  the  same  in  relation  to  two, 
five,  and  twenty  cent  stamps  and  stamped  envelopes,  shall, 
in  all  respects,  apply  to  the  denomination  of  stamps  and 
Stamped  envelopes  herein  provided  for. 

Sec.  4.  And  he  it  further  enacted.  That  the  proviso  con- 
tained in  the  fifth  section  of  the  said  act  be  so  amended  as 
to  extend  to  the  chiefs  of  the  contract,  appointment  and 
finance  bureaus  of  the  Post-Office  Department  the  privilege 
therein  conferred  upon  the  Postmaster  General,  his  chief 
clerk,  and  the  auditor  of  the  treasury  for  the  Post-Office 
Department,  of  transmitting  through  the  mails,  free  of  post- 
age, any  letters,  packages,  or  other  matters  relating  exclu- 
sively to  their  official  duties  or  to  the  business  of  the  Post- 
Office  Department,  subject  to  the  restrictions  and  penalties 
prescribed  by  the  said  proviso ;  and  that  this  act  take  effect 
and  be  of  force  from  and  after  its  passage. 

Approved  May  13,  1861. 


No.  122.]  AN  ACT 

To  suspend  the  operations  of  the  Mints. 

Section  1 .  The  Congrefts  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  from  and  after  the  first  day  of  June  ensu- 
ing, the  operations  of  the  several  mints  in  the  Confederate 
States  be  susjiended ;  and  that  all  officers  therein  sljall  cease 
to  exercise  their  functions  or  to  receive  any  salaries;  and 
that  all  moneys  and  bullion  in  the  hands  of  any  officer  shall 
forthwith  be  transferred  to  the  Treasurer  of  the  Confederate 
States. 


16 

Sec.  2.  That  the  mint  at  New  Orleans,  with  the  tools 
implements  and  all  appurtenances,  be  placed  by  the  superin- 
tendent in  charge  of  some  fit  person,  to  be  approved  by  the 
Secretary  of  the  Treasury ;  and  that  the  said  Secretary  be 
authorized  to  accept  the  superintendent  as  such  custodian, 
and  to  allow  him,  or  such  other  person  as  may  be  appointed, 
the  use  and  occupation  of  the  portion  heretofore  used  as  a 
dwelling,  in  consideration  of  his  undertaking  the  charge  and 
safe-keeping  of  the  whole  establishment. 

Sec.  3.  That  the  Secretary  of  the  Treasury,  until  other- 
wise directed  by  law,  be  authorized  to  take  the  same  course 
in  relation  to  the  mint  and  public  property  connected  with 
it  at  Dahlonega, 

Approved  May  14,  1861. 


No.   123.]  AN  ACT 

To  organize  further  the  Bureau  of  Superintendent  of  Pub- 
lic Printing. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  salary  of  the  Superintendent  of  Public 
Printing  shall  be  three  thousand  dollars,  payable  as  other 
salaries  of  heads  of  bureaus  in  the  several  departments. 

Sec.  2.  The  Superintendent  of  Public  Printing  shall  be 
entitled  to  a  messenger,  who  shall  receive  a  salary  of  three 
hundred  dollars  per  annum. 

Sec.  3.  The  publication  of  the  laws  and  journals  of  Con- 
gress shall  be  exclusively  under  the  direction  of  the  Super- 
intendent of  Public  Printing,  subject  to  the  supervision  and 
control  of  the  Attorney-General.  And  the  Superintendent 
may  contract  with  publishers  of  newspapers  as  to  the  terms- 
of  publication  of  the  laws  and  journals,  not  exceeding  in 
compensation  the  rates  usually  paid  by  other  advertisers  for 
similar  work. 

Sec.  4.  The  Superintendent  shall  have  authority  to  con- 
tract, by  advertising  for  soaled  proposals,  for  all  paper  ne- 
cessary to  do  all  the  printing  ordered  by  Congress  or  either 
one  of  the  executive  departments.  In  all  cases  the  contrac- 
tor shall  furnish  the  paper  at  such  times  and  in  such  quan- 
tities as  the  Superintendent  shall  require,  and  shall  give 


17 

bond,  witli  two  good  sureties,  for  tlie  faithful  performance  of 
the  contract. 

Sec.  5.  All  orders  for  printing  by  Congress  or  any  of  the 
executive  departments  shall  be  sent  to  the  Superintendent  of 
Public  Printing,  to  be  by  him  delivered  to  the  printer  or 
contractor:  and  the  printing,  -when  completed,  shall  be  re- 
turned to  the  Superintendent,  to  be  received  or  rejected, 
and  by  him  delivered  according  to  the  order. 

Sec.  6.  All  laws  and  parts  of  hiAvs  militating  against  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  May  14,  ISGl. 


No.  i24.]  AN  ACT 

To  authorize  the  transfer  of  Appropriations. 

Section  1.-  The  Congress  of  the  Cojife derate  States  of  Ameri- 
ca do  enact.  That  durins;  the  recess  of  Congress  the  President 
of  the  Confederate  States  may  and  he  is  hereby  authorized — 
on  the  application  of  the  secretary  of  the  proper  depart- 
ment, and  not  otherwise — to  direct,  if  in  his  opinion  neces- 
sary for  the  public  service,  that  a  portion  of  the  moneys 
appropriated  for  a  particular  branch  of  expenditure  in  that 
department  be  applied  to  another  branch  of  expenditure  in 
the  same  department;  in  which  case  a  special  account  of 
moneys  thus  transferred  shall  l)e  laid  before  Congress  during 
the  first  week  of  the  next  ensuing  session. 
^  Sec.  2.  This  act  shall  continue  and  be  of  force  until  the 
end  of  the  existing  war,  and  no  longer. 

Approved  May  14,  1861. 


No.  125.]  AN  ACT 

To  define  the  Limits  of  the  Port  of  New  Orleans,  and  for 
other  purposes. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  port  of  New  Orleans,  in  the  State  of  Louisiana, 
shall  embrace  and  include  all  the  waters,  inlets  and  shores 
on  both  sides  of  the  river  Mississippi,  within  the  whole  par- 
ish of  Orleans,  that  part  of  the  parish  of  Jeffersoii  on  th©; 
12 


18 


right  bank  of  said  river  to  the  upper  line  of  the  Destrehan 
canal,  and  that  portion  of  the  said  parish  of  Jefferson  on 
the  left  bank  of  the  Mississippi  river  to  the  upper  limits  of 
the  town  or  fiiubourg  of  Hurtsville.  That  the  ports  of  deli- 
very known  as  bayou  St.  John's,  Lake  Port,  and  Port  Pont- 
chartrain,  and  the  customs  officers  authorized  therefor,  be 
and  the  same  are  hereby  abolished  and  discontinued,  and  all 
the  vraters,  inlets  and  shores  embraced  within  the  limits  of 
said  ports  be  added  to  and  included  in  the  port  of  New 
Orleans, 

AppROVED-May  14,  1861. 


No.  126.]  AN  ACT 

Re'^ulating  the  sale  of  Prizes,  and  the  distribution  thereof. 

Section  1.  The  Congress  of  the  Co7ifederate  States  of  Amer- 
ica do  enact,  That  all  prizes  of  vessels  and  property  captured 
by  private  ai-med  ships,  in  pursuance  of  the  act  passed  by 
Con^'-ress  recognizing  the  existence  of  war  between  the  Uni- 
ted States  and  the  Confederate  States,  and  concerning  lett^ers 
of  marque,  prizes  and  prize  goods,  which  may  be  condemned 
in  any  court  of  the  Confederate  States,  shall  be  sold  at  pub- 
lic auction  by  the  marshal  of  the  district  in  which  the  same 
shall  be  condemned,  Avithin  sixty  days  after  the  condemna- 
tion thereof — sufficient  notice  of  the  time  and  place  and  con- 
dition of  sale  being  first  given — on  such  day  or  days,  on 
such  terms  of  credit,  and  in  such  lots  or  proportions  as  may 
be  designated  by  the  owner  or  owners,  or  agent  of  the  ©wner 
or  owners,  of  the  privateer  which  may  have  captured  the 
same :  Provided,  That  the  term  of  such  credit  shall  not  ex- 
ceed ninety  days.  And  the  said  marshal  is  hereby  directed 
to  take  and  receive  from  the  purchaser  or  purchasers  of 
such  prize  vessel  and  property,  the  money  therefor,  or  his, 
her  or  their  promissory  notes,  with  endorsers,  to  be  approved 
by  the  owner  or  owners  of  the  privateer,  to  the  amount  of 
the  purchase,  payable  according  to  the  terms  thereof. 

Sec.  2.  That  upon  all  duties,  costs  and  charges  being 
paid  according  to  law,  the  said  marshal  shall,  on  demand, 
deliver  and  pay  over  to  the  owner  or  owners  of  the  priva- 
teer, or  to  the  agent  of  such  owner  or  owners  of  the  priva- 
teer which  may  have  captured  such  prize  vessel  and  property. 


19 

a  just  and  equal  proporf'  i  of  the  funds  received  on  account 
of  the  sale  thereof,  akd  of  the  promissory  notcni  directed  to 
be  taken  as  aforesaid,  to  which  the  said  owner  or  owners  may 
be  entitled,  according  to  the  articles  of  agreement  between 
the  said  owner  or  owners  and  the  officers  and  crew  of  the 
said  privateer;  and  a  just  and  equal  proportion  of  the  pro- 
ceeds of  the  sale  as  aforesaid,  shall,  on  demand,  be  also  paid 
over  by  the  said  marshal  to  the  officers  and  crew  of  the  said 
privateer,  or  to  their  agent  or  agents.  And  if  there  be  nO' 
written  agreement,  it  shall  be  the  duty  of  the  marshal  to« 
pay  over,  in  manner  as  aforesaid,  one  moiety  of  the  proceeds, 
of  the  sale  of  such  prize  vessel  and  property  to  the  owner 
or  owners  of  the  privateer  which  may  have  captured  the- 
same,  and  the  other  moiety  of  the  said  proceeds  to  the  agent 
or  agents  of  the  officers  and  crew  of  the  said  privateer,  tO' 
be  distributed  according  to  law,  or  to  any  agreement  by  them 
made  :  Provided,  The  said  officers  and  crew,  or  their  agent  or 
agents,  shall  have  first  refunded  to  the  owner  or  owners,  or 
to  the  agent  of  the  owner  or  owners  of  the  privateer  afore- 
said, the  full  amount  of  advances  which  shall  have  been, 
made  by  the  owner  or  owners  of  the  privateer  to  the  officers, 
and  crew  thereof. 

Sec  3.  That  for  the  selling  prize  property  and  receiving, 
and  paying  over  the  proceeds  as  afo^resaid,  the  marshal  shall 
be  entitleil  to  a  commission  of  one  per  cent,  and  no  more, 
first  de<lucting  all  duties,  costs  and  charges  which  may 
have  accrued  on  said  property  :  Provided,  That  on  no  case 
of  con<lemnation  and  sale  of  any  one  prize  vessel  and  cargo 
shall  the  commissions  of  the  marshal  exceed  two  hunlred 
and  fifty  dollars. 

Sfx.  4.  /That  it  shall  be  the  duty  of  the  marshnl,  within 
fifteen  days  after  any  sale  of  prize  property,  to  file  in  the 
office  of  the  clerk  of  the  district  court  of  the  district  wherein 
such  sale  may  be  made,  a  just  and  true  account  of  the  sales 
of  such  prize  property,  and  of  all  duties  ;md  charges  there  ■ 
on,  together  with  a  statement  thereto  annexed  of  th?  pro- 
missory notes  taken  on  account  thereof,  which  account  shall 
be  verified  by  tlie  oath  of  the  said  marshal;  and  if  the  said 
marshal  shall  vilfully  neglect  or  refuse  to  file  such  account, 
he  shall  forfeit  and  pay  the  sum  of  five  hundred  dollars  for 
each  omission  or  refusal  as  aforesaid,  to  be  recovered  in  an 
action  of  debt  by  any  person  interested  in  such  sale,  and 
duing  for  the  sai<l  penalty,  on  account  of  the  party  or  par- 
ties interested  in  the  prize  vessel  or  property  sold  as  afore- 
said, in  any  court  having  cognizance  thereof. 

Sec.   5.  That  the  owner  or  owners  of  any  private  armed 


20 

vessel  or  vessels,  or  their  agent  or  agents,  may,  at  any  time 
before  a  libel  shall  be  filed  against  any  captured  vessel  or 
her  cargo,  remove  the  same  from  any  port  into  which  such 
prize  vessel  or  property  may  be  first  brought,  to  any  other 
port  in  the  Confederate  States,  to  be  designated  at  the  time 
of  the  removal  as  aforesaid,  subject  to  the  same  restrictions 
and  complying  with  the  same  regulations  with  respect  to  the 
payment  of  duties  which  are  provided  by  law  in  relation  to 
other  vessels  arriving  in  port  with  cargoes  subject  to  the  pay- 
ment of  duties  :  Provided,  That  before  such  removal  the  said 
captured  property  shall  not  have  been  attached  at  the  suit  of 
any  adverse  claimant,  or  a  claim  against  the  same  have  been 
interposed  in  behalf  of  the  Confederate  States. 

Approved  May  14,  1861. 


No.  128.]  AN  ACT 

To  provide  for  Auditing  the  Accounts  of  the  Post-Office 
Department. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  it  shall  be  the  duty  of  the  First  Auditor 
of  the  Treasury  to  receive  all  accounts  arising  in  the  Post- 
Office  Department  or  relative  thereto ;  to  audit  and  settle 
the  same  and  certify  their  balances  to  the  Postmaster  Gen- 
eral: Provided,  That  if  either  the  Postmaster  General,  or 
any  person  whose  account  shall  be  settled,  be  dissatisfied 
therewith,  he  may  within  twelve  months  appeal  to  the  Comp- 
troller of  the  Treasury,  whose  decision  shall  be  final  and 
conclusive.  The  said  Auditor  shall  report  to  the  Postmas- 
ter General,  when  required,  the  official  forms  of  papers  to 
be  used  by  postmasters  and  other  officers  and, agents  of  the 
department  concerned  in  its  receipts  and  payments,  and  the 
manner  and  form  of  keeping  and  stating  its  accounts.  He 
shall  keep  and  preserve  all  accounts,  with  the  vouchers, 
after  settlement.  He  shall  promptly  report  to  the  Postmas- 
ter General  all  delinquencies  of  postmasters  in  paying  over 
the  proceeds  of  their  offices.  He  shall  close  the  accounts 
of  the  Department  quarterly,  and  transmit  to  the  Secretary 


21 

of  the  Treasury  quarterly  statements  of  its  receipts  and 
expenditures.  He  shall  register,  charge  and  countersign  all 
warrants  upon  the  treasury  for  receipts  and  payments  issued 
by  the  Postmaster  General,  when  "warranted  by  law.  He 
shall  perform  such  other  duties  in  relation  to  the  financial 
concerns  of  the  department  as  shall  be  assigned  to  him  by 
the  Secretary  of  the  Treasury  or  the  Postmaster  General 
and  shall  make  to  them,  respectively,  such  reports  as  either 
of  them  may  require  respecting  the  same.  He  sliall  state 
and  certify  quarterly  to  the  Postmaster  General  accounts  of 
the  moneys  paid  pursuant  to  appropriations,  in  each  year, 
by  postmasters,  out  of  the  proceeds  of  their  offices,  towards 
the  expenses  of  the  department,  under  each  of  the  heads  of 
the  said  expenses  specified  in  the  appropriations  ;  upon 
which  the  Postmaster  General  shall  issue  warrants  to  the 
Treasurer  of  the  Confederate  States,  in  order  that  tlie  same 
may  be  carried  to  the  credit  and  debit  of  the  appropriation 
for  the  service  of  the  Post-Office  Department,  on  the  books 
of  the  Auditor  of  the  Treasury.  He  shall  superintend  the 
collection  of  all  debts  due  to  the  department,  and  all  penalties 
and  forfeitures  imposed  on  postmasters  for  failing  to  make  re- 
turns, or  to  pay  over  the  proceeds  of  their  offices,  and  he 
shall  direct  suits  and  legal  proceedings,  and  take  all  such 
measures  as  may  be  authorized  by  law  to  enforce  the  prompt 
payment  of  moneys  due  to  the  department. 

Sec.  2,  Ajid  be  it  further  enacted.  That  the  said  Auditor 
shall  have  charge  of  all  lands  and  other  property  which  shall 
be  assigned,  set  off  or  conveyed  to  the  Confederate  States  in 
payment  of  debts,  and  of  all  trusts  created  for  the  use  of 
the  Confederate  States  in  payment  of  debts  due  them  on  ac- 
count of  the  Post-Office  Department ;  and  to  sell  and  dis- 
pose of  lands  or  other  property  assigned  or  set  off  to  the 
Confederate  States  in  payment  of  debts,  or  being  vested  in 
them  liy  mortgage  or  other  security  for  the  payment  of  debts 
due  to  the  said  department,  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  Postmaster  General. 

Sec.  3.  The  Secretary  of  the  Treasury  shall  appoint  a 
chief  Clerk  to  aid  the  First  Auditor  of  the  Treasury  in 
auditing  tlie  accounts  of  the  Post-Office  Department,  who 
shall  receive  a  salary  of  two  tliousand  dollars  per  annum  ; 
and  shall  ajipoint  fifteen  additional  clerks,  with  salaries  of 
twelve  hundred  dollars  each,  and  fourteen  other  clerks,  with 
salaries  of  one  thousand  dollars  each,  to  aid  the  First  Audi- 
tor of  the  Treasury  in  auditing  the  accounts  of  the  Post- 
Office  Department.     And  he  shall  appoint  one  messenger  for 


^  22 

the  Treasurv  Department,  who  shall  be  allowed  a  salary  of 
five  hundred  dollars  per  annum. 

Sec.  4.  Be  itfwther  enacted,  That  the  said  Auditor  of  the 
Treasury  shall  be  allowed  to  send  through  the  mail  all  com- 
munications, relating  exclusively  to  the  Post-Office  business, 
free  of  charge,  under  the  same  rules,  regulations  and  re- 
strictions, and  subject  to  the  same  penalties  as  are  now  pre- 
scribed with  respect  to  transmission  free  of  charge  by  the 
heads  of  bureaus  of  the  Post-Office  Department.  And  this 
act  shall  go  into  eftect  from  and  after  its  passage. 

Approved  May  16,  1861. 


No.  106.]  AN  ACT 

Recognizing  the  existence  of  War  between  the  United  States 
and  the  Confederate  States :  and  concernino-  Letters  of 
Marque,  Prizes  and  Prize  Goods. 

Whereas,  The  earnest  efforts  made  by  this  Government 
to  establish  friendly  relations  between  the  Government  of 
the  United  States  and  the  Confederate  States,  and  to  settle 
all  questions  of  disagreement  between  the  two  Governments 
upon  principles  of  right,  justice,  equity  and  good  faith, 
have  proved  unavailing  by  reason  of  the  refusal  of  the 
Government  of  the  United  States  to  hold  any  intercours^e 
with  the  commissioners  appointed  by  this  Government  for 
the  purposes  aforesaid,  or  to  listen  to  any  proposals  they 
had  to  make  for  the  peaceful  solution  of  all  causes  of  diffi- 
culty between  the  two  Governments :  and  whereas  the  Pre- 
sident of  the  United  States  of  America  has  issued  his  pro- 
clamation making  requisition  upon  the  States  of  the 
American  Union  for  seventy-five  thousand  men  for  the  pur- 
pose, as  therein  indicated,  of  capturing  forts  and  other 
strongholds  Avithin  the  iurisdiction  of  and  belonsring  to  the 
Confederate  States  of  America,  and  has  detailed  naval  arma- 
ments upon  the  coasts  of  the  Confederate  States  of  America, 
and  raised,  organized  and  equipped  a  large  military  force  to 
execute  the  purpose  aforesaid,  and  has  issued  his  other  pro- 
clamation announcing  his  purpose  to  set  on  foot  a  blockade 
of  the  ports  of  the  Confederate  States  :  and  whereas,  the 
State  of  Virginia  has  seceded  from  the  Federal  Union  and 


S3  4 

entered  into  a  convention  of  alliance  offensive  and  defensive 
with  the  Confederate  States,  and  has  adopted  the  Provisional 
Constitution  of  the  said  States,  and  the  States  of  IMarylaiid, 
North  Carolina,  Tennessee,  Kentucky.  Arkansas  and  Mis- 
souri, have  refused,  and  it  is  believed  that  the  State  of  Dela- 
ware and  the  inhabitants  of  the  territories  of  Arizona  and 
New  Mexico,  and  the  Indian  territory  South  of  Kansas,  will 
refuse  to  co-operate  Avith  the  Government  of  the  United  States 
in  these  acts  of  hostilities  and  wanton  ago-ression,  which  arc 
plainly  intended  to  overawe,  oppress  and  finally  sulijugatc 
the  people  of  the  Confederate  States :  and  Avhereas,  by  the 
acts  and  means  aforesaid,  war  exists  between  the  Confede- 
rate States  and  the  Government  of  the  United  States,  and 
the  States  and  territories  thereof,  except  the  States  of  Mary- 
land, North  Carolina,  Tennessee,  Kentucky,  Arkansas, 
^Missouri  and  Delaware,  and  the  territories  of  Arizona  and 
New  Mexico,  and  the  Indian  territory  South  of  Kan>a- 
Therefore, 

Sf.ctiox  1.  The  Congress  of  the  Confidcrale  States  of  Amcr- 
ica  do  enact,  That  the  President  of  the  Confederate  States  is 
hereby  aiithorized  to  use  the  whole  land  and  naval  force  of 
the  Confederate  States  to  meet  the  war  thus  commenced,  and 
to  issue  to  private  armed  vessels  commissions,  or  letters  of 
marque  and  general  reprisal,  in  such  form  as  he  shall  think 
proper,  under  the  seal  of  the  Confederate  States,  against  the 
vessels,  goods  and  effects  of  the  government  of  the  United 
States,  and  of  the  citizens  or  inhabitants  of  the  states  an-l 
territories  thereof:  Proi'idcd,  hoivevcr,  That  pro})erty  of  the 
enemy  (unless  it  be  contraband  of  Avar)  laden  on  board  a 
neutral  vessel,  shall  not  be  subject  to  seizure  under  this  act . 
And  provided  further.  That  vessels  of  the  citizens  or  inhabi- 
tants of  the  United  States  now  in  the  ports  of  the  Confede- 
rate States,  except  such  as  have  Ijcen  since  the  oth  of  April 
last,  or  may  hereafter  be.  in  the  service  of  the  goverriment 
of  the  United  States,  shall  be  allowed  thirty  days  after  the 
publication  of  this  act  to  leave  said  ports  and  reach  their 
destination;  and  such  vessels  and  their  cargoes,  excepting 
articles  contra1)and  of  war,  shall  not  be  subject  to  caj^ture 
under  this  act  during  said  period,  unless  they  shall  have 
previously  reached  the  destination  for  which  they  Avere  bound 
on  leaving  said  ports. 

Sec.  2.  That  the  President  of  the  Confederate  States  shall 
be  and  he  is  hcrel)y  authorize»l  and  empoAvered  to  revoke  ami 
iinnul,  at  pleasure,  all  letters  of  marc^uc  and  reprisal  Av],i'j)i 
he  maj  at  anv  time  grant  pursuant  to  tliis  act. 


24 


Sec.  3.  That  all  persons  applying  for  letters  of  marque 
cind  reprisal,  pursuant  to  this  act,  shall  state  in  writing  the 
name  and  a  suitable  description  of  the  tonnage  and  force  of 
the  A'essel,  and  the  name  and  place  of  residence  of  each 
owner  concerned  therein,  and  the  intended  number  of  the- 
crew ;  which  statement  shall  be  signed  by  the  person  or  per- 
sons making  such  application,  and  filed  with  the  Secretary 
of  State,  or  shall  be  delivered  to  any  other  officer  or  person 
who  shall  be  employed  to  deliver  out  such  commissions,  to 
be  by  him  transmitted  to  the  Secretary  of  State. 

Sec.  4.  That  before  any  commission  or  letters-  of  marque 
and  reprisal  shall  be  issued  as  aforesaid,  the  owner  or  owners 
of  the  ship  or  vessel  for  which  the  same  shall  be  requested, 
and  the  commander  thereof  for  the  time  being,  shall  give- 
bond  to  the  Confederate  States,  with  at  least  two  responsi- 
ble sureties  not  interested  in  such  vessel,  in  the  penal  sum 
of  five  thousand  dollars,  or  if  such  vessel  be  provided  with 
more  than  one  hundred  and  fifty  men,  then  in  the  penal  sum' 
of  ten  thousand  dollars,  with  condition  that  the  owners, 
officers  and  crcAv  who  shall  be  employed  on  board  such  com- 
inissioned  vessel,  shall  and  will  observe  the  laws  of  the  Con- 
federate States,  and  the  instructions  which  shall  be  given 
them  according  to  law  for  the  rogulation  of  their  conduct, 
and  will  satisfy  all  damages  and  injuries  which  shall  be  done 
or  committed  contrary  to  the  tenor  thereof,  by  such  vessel 
during  her  commission,  and  to  deliver  up  the  same  when 
revoked  by  the  President  of  the  Confederate  States. 

Sec.  5.  That  all  captures  and  prizes  of  vessels  and  pro- 
perty shall  be  forfeited  and  shall  accrue  to  the  owners,  officers 
and  crews  of  the  vessels  by  whom  such  captures  and  prizes- 
shall  be  made,  and  on  due  condemnation  had  shall  be  dis- 
tributed according  to  any  written  agreement  Avhich  shall  be 
made  between  them ;  and  if  there  be  no  such  Avrittcn  agree- 
ment, then  one  moiety  to  the  owners  and  the  other  moiety 
to  the  officers  and  crew,  as  nearly  as  may  be  according  to  , 
the  rules  prescribed  for  the  distribution  of  prize  money  by 
the  laws  of  the  Confederate  States. 

Sec  6.  That  all  vessels,  goods  and  effects,  the  property 
of  any  citizen  of  the  Confederate  States,  or  of  persons  resi- 
dent within  and  under  the  protection  of  the  Confederate 
States,  or  of  persons-  permanently  within  the  territories  and 
under  the  protection  of  any  foreign  prince,  government  or 
state  in  amity  with  the  Confederate  States,  which  shall  have 
been  captured  by  the  United  States,  and  which  shall  be  re- 
captured by  vessels  commissioned  as  aforesaid,  shall  be 
restored  to  the  lawful  owners,  upon  payment  by  them  of  a 


just  and  reasonable  salvage,  to  be  determined  by  the  mutual 
agrooment  of  the  parties  concerned,  or  by  the  decree  of  any 
court  having  jurisdiction,  according  to  the  nature  of  each 
case,  agreeably  to  the  provisions  established  by  law.  And 
such  salvage  shall  be  distributed  among  the  owners,  officers 
and  crews  of  the  vessels  commissioned  as  aforesaid,  and 
making  such  captures,  according  to  any  written  agreement 
which  shall  be  made  between  them ;  and  in  case  of  no  such 
agreement,  then  in  the  same  manner  and  upon  the  principles 
hereinbefore  provided  in  cases  of  capture. 

Sec.  7.  That  before  breaking  bulk  of  any  vessel  which 
shall  be  captured  as  aforesaid,  or  other  disposal  or  conversion 
thereof,  or  of  any  articles  which  shall  be  found  on  board  the 
same,  such  captured  vessel,  goods  or  eifects  shall  be  brought 
into  some  port  of  the  Confederate  States,  or  of  a  nation  or 
state  in  amity  with  the  Confederate  States,  and  shall  be  pro- 
ceeded against  before  a  competent  tribunal ;  and  after  con- 
demnation and  forfeiture  thereof  shall  belong  to  the  owners, 
officers  and  crew  of  the  vessel  capturing  the  same,  and  be 
distributed  as  before  provided  ;  and  in  the  case  of  all  cap- 
tured vessels,  goods  and  effects  which  shall  be  brought  with- 
in the  jurisdiction  of  the  Confederate  States,  the  district 
courts  of  the  Confederate  States  shall  have  exclusive  origi- 
nal cognizance  thereof,  as  the  civil  causes  of  admiralty  and 
maritime  jurisdiction;  and  the  said  courts,  or  tlic  courts, 
being  courts  of  the  Confederate  States,  into  Avhich  such  cases 
shall  be  removed,  and  in  which  they  shall  be  finally  decided, 
shall  and  may  decree  restitution  in  whole  or  in  part,  when 
the  capture  shall  have  been  made  without  just  cause.  And 
if  made  without  probalde  cause,  may  order  and  decree  dam- 
ages and  costs  to  the  party  injured,  for  which  the  owners  and 
commanders  of  the  vessels  making  such  captui'cs,  and  also 
the  vessels,  shalt  be  liable. 

Skc.  8.  That  all  persons  found  on  board  any  captured 
vessels,  or  on  board  any  re-captured  vessel,  shall  be  reported 
to  the  collector  of  the  port  in  the  Confederate  States  in 
which  they  shall  first  arrive,  and  shall  be  delivered  into  the 
custody  of  the  marshal  of  the  district,  or  sovic  court  or 
military  officer  of  the  Confederate  States,  or  of  any  state  in 
or  near  such  port  who  shall  take  charge  of  their  safe  keep- 
ing  and  support,  at  the  expense  of  the  Confctlerate   States. 

Sf.c.  9.  That  the  President  of  the  Confederate  States  is 
hereby  authorized  to  establish  and  order  suitable  instruc- 
tions for  the  better  governing  and  directing*  the  conduct  of 
the  vessels  so  commissioned,  their  officers  and  crews,  copies 
of  which  shall  be  delivered  by  the  collector  of  the  customs 


26 

to  the  commanders,  when  they  shall  give  bond  as  provided. 

Sec.  10.  That  a  bounty  shall  be  paid  by  the  Confe^lerate 
States  of  $20  for  each  person  on  board  any  armed  ship  or 
vessel  belonging  to  the  United  States  at  the  commencement 
of  an  engagement,  ■which  shall  be  burnt,  sunk  or  destroyed 
by  any  vessel  commissioned  as  aforesaid,  which  shall  be  of 
equal  or  inferior  force,  the  same  to  be  divided  as  in  other 
cases  of  prize  money ;  and  a  bounty  of  $25  shall  be  paid  to 
the  owners,  officers  and  crews  of  the  private  armed  vessels 
commissioned  as  aforesaid,  for  each  and  every  prisoner  by 
them  captured  and  brought  into  port,  and  delivered  to  an 
agent  authorized  to  receive  them,  in  any  port  of  the  Con- 
federate States ;  and  the  Secretary  of  the  Treasury  is  here- 
by authorized  to  pay  or  cause  to  be  paid  to  the  owners,  officers 
and  crcAvs  of  such  private  armed  vessels  cominissioned  as 
aforesaid,  or  their  agent,  the  bounties  herein  provided. 

Sec.  i  1.  That  the  commanding  officer  of  every  vessel  hav- 
ing a  commission  or  letters  of  marque  and  reprisal,  during 
the  present  hostilities  betAveen  the  Confederate  States  and 
the  United  States,  shall  keep  a  regular  journal,  containing 
a  true  and  exact  account  of  his  daily  proceedings  and  trans- ■ 
actions  Avith  such  vessel  and  the  croAv  thereof;  the  ports  and 
places  he  shall  put  into  or  cast  anchor  in ;  the  time  of  his 
stay  there  and  the  cause  thereof;  the  prizes  he  shall  take 
and  the  nature  and  probable  value  thereof;  the  times  and 
places  when  and  where  taken,  and  in  what  manner  he  shall 
dispose  of  the  same ;  the  ships  or  vessels  he  shall  fall  in 
with ;  the  times  and  places  when  and  where  he  shall  meet 
with  them,  and  his  observations  and  remarks  thereon ;  also, 
of  whatever  else  shall  occur  to  him  or  any  of  his  officers  or 
marines,  or  be  discovered  by  examination  or  conference  with 
any  marines  or  passengers  of  or  in  any  other  ships  or  ves- 
sels, or  ])y  any  other  means  touching  the  fieets,  vessels  and 
forces  of  the  United  States,  their  posts  and  places  of  station 
and  destination,  strength,  numbers,  intents  and  designs; 
and  such  commanding  officer  shall,  immediately  on  his  arri- 
val in  any  port  of  the  Confederate  States,  from  or  during 
the  continuance  of  any  voyage  or  cruise,  produce  his  com- 
mission for  such  vessel,  and  deliver  up  such  journal  so  kept 
as  aforesaid,  signed  with  his  proper  name  and  hand-Avriting, 
to  the  collector  or  other  chief  officer  of  the  customs  at  or 
nearest  to  such  port ;  the  truth  of  Avhich  journal  shall  be 
verified  by  the  oath  of  the  commanding  officer  for  the  time 
being.  And  such  collector  or  other  chief  officer  of  the  cus- 
toms shall,  immediately  on  the  arrival  of  such  vessel,  order 
the  proper  officer  of  the  customs  to  go  on  board  and  take  an 


27 

account  of  tlic  officers  and  men,  the  number  and  nature  of 
the  guns,  and  whatever  else  shall  occur  to  him  on  examina- 
tion material  to  be  known  ;  and  no  such  vessel  shall  be  per- 
mitted to  sail  out  of  port  again  until  sucli  journal  shall 
have  l)cen  delivered  up,  and  a  c?rtificate  obtained  under  the 
hand  of  such  collector  or  other  chief  officer  of  the  customs 
that  she  is  manned  and  armed  according  to  her  commission  ; 
and  upon  delivery  of  such  certificate,  any  former  certificate 
of  a  like  nature  which  shall  have  been  obtained  by  the  com- 
mander of  such  vessel  shall  be  delivered  up. 

Sec.  12.  That  the  commanders  of  vessels  having  letters  of 
marque  and  reprisal  as  aforesaid,  neglecting  to  keep  a  jour- 
nal as  aforesaid,  or  wilfully  making  fraudulent  entries  there- 
in, or  obliterating  the  record  of  any  material  transaction 
contained  therein,  Avhere  the  interest  of  the  Confederate 
States  is  concerned,  or  refusing  to  produce  and  deliver  such 
journal,  commission  or  certificate,  pursuant  to  the  preceding 
section  of  this  act,  then  and  in  such  cases  the  commissions 
or  letters  of  marque  and  reprisal  of  such  vessels  shall  be 
liable  to  be  revoked;  and  such  commanders  respectively 
shall  forfeit  for  evei-y  such  offence  the  sum  of  $1,000,  one 
moiety  thereof  to  the  use  of  the  Confederate  States,  and  the 
other  to  the  informer. 

Sec.  13.  That  the  owners  or  commanders  of  vessels  hav- 
ing letters  of  marque  and  reprisal  as  aforesaid,  who  shall 
violate  any  of  the  acts  of  Congress  for  the  collection  of  the 
revenue  of  the  Confederate  States,  and  for  the  prevention  of 
smuggling,  shall  forfeit  the  commission  or  letters  of  marque 
and  reprisal,  and  they  and  the  vessels  owned  or  commanded 
by  them  shall  be  liable  to  all  the  penalties  and  forfeitures 
attaching  to  merchant  vessels  in  like  cases. 

Sec.  11.  That  on  all  goods,  wares  and  merchandise  cap- 
tured and  made  good  and  lawful  prizes  of  war,  l)y  any  pri- 
vate armed  ship  having  commission  or  letters  of  marque  and 
reprisal  under  this  act,  and  brought  into  the  Confederate 
States,  there  shall  be  allowed  a  deduction  of  33  1-3  percent, 
on  the  amount  of  duties  imposed  by  law. 

Sec.  15.  Tliat  five  per  centum  on  the  net  amount  (after  de- 
ducting all  charges  and  expenditures)  of  the  prize  money 
arising  from  captured  vessels  and  cargoes,  and  on  the  net 
amount  of  the  salvage  of  vessels  and  cargoes  re-captured  by 
private  armed  vessels  of  the  Confederate  States,  shall  be 
secured  and  paid  over  to  the  collector  or  other  chief  officer 
of  the  customs,  at  the  port  or  place  in  the  Confederate  States 
at  which  such  captured  or  re-captured  vessels  may  arrive, 
or  to  the  consul  or  other  public,  agent  of  the   Confederate 


28 

States  residing  at  the  port  or  place  not  within  the  Confederate 
States  at  which  such  captured  or  re-captured  vessel  may 
arrive.  And  the  moneys  arising  therefrom  shall  he  held  and 
are  herehj  pledged  by  the  government  of  the  Confederate 
States  as  a  fund  for  the  support  and  maintenance  of  the 
widoAvs  and  orphans  of  such  persons  as  may  be  slain,  and 
for  the  support  and  maintenance  of  such  persons  as  may  be 
wounded  and  disabled  on  board  of  the  private  armed  vessels 
commissioned  as  aforesaid,  in  any  engagement  with  the 
enemy,  to  be  assigned  and  distributed  in  such  manner  as 
shall  hereafter  be  provided  by  law. 

Approved  May  6,  1861. 


No.  129.]  AN  ACT 

To  increase  the  Military  establishment  of  the  Confederate 
States,  and  to  amend  the  "  Act  for  the  establishment  and 
organization  of  the  Army  of  the  Confederate  States  of 
America." 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  President  shall  be  authorized  to  raise 
and  organize,  in  addition  to  the  present  military  establish- 
ment, one  regiment  of  cavalry  and  two  regiments  of  infan- 
try, whenever  in  his  judgment  the  public  service  may  require 
such  an  increase,  to  be  organized  in  accordance  with  exist- 
ing laws  for  the  organization  of  cavalry  and  infantry  regi- 
ments, and  to  be  entitled  to  the  same  pay  and  allowances  pro- 
vided for  the  same  respectively. 

Sec.  2.  That  the  five  general  olficers  provided  by  existing 
laws  for  the  Confederate  States,  shall  have  the  rank  and  de- 
nomination of  "  General,"  instead  of  "  Brigadier  General," 
which  shall  be  the  highest  military  grade  known  to  the  Con- 
federate States.  They  shall  be  assigned  to  such  commands 
and  duties  as  the  President  may  specially  direct,  and  shall 
be  entitled  to  the  same  pay  and  allowances  as  are  provided 
for  brigadier  generals,  and  to  two  aids-de-camp,  to  be  select- 


29 

ed  as  now  provided  by  law.  Appointments  to  the  rank  of 
general,  after  tlic  army  is  organized,  shall  be  made  by  selec- 
tion from  the  army. 

Sec.  3.  That  the  President  be  authorized,  whenever  in  his 
judgment  the  public  service  maj''  require  the  increase,  to  add 
to  the  corps  of  engineers  one  lieutenant  colonel,  who  shall 
receive  the  pay  and  allowances  of  a  lieutenant  colonel  of 
cavalry,  and  as  many  captains,  not  exceeding  five,  as  may 
be  necessary. 

Sec.  4.  That  there  be  added  to  the  quartermaster  gene- 
ral's department  one  assistant  quartermaster  general  with 
the  rank  of  lieutenant  colonel,  and  two  quartermasters,  with 
the  rank  of  major ;  and  to  the  commissary  general's  depart- 
ment, one  assistant  commissary,  with  the  rank  of  major,  and 
one  assistant  commissary,  with  the  rank  of  captain  ;  and  to 
the  me<lical  department,  six  surgeons  and  fourteen  assistant 
surgeons. 

Sec  5.  That  the  President  be  authorized  to  appoint  as 
many  military  store-keepers,  with  the  pay  and  allowances 
of  a  first  lieutenant  of  infantry,  as  the  safe-keeping  of  the 
public  property  may  require,  not  to  exceed  in  all  six  store- 
keepers. 

Sec  6.  That  there  be  added  '6  the  military  establishment 
one  quartermaster  sergeant  for  each  regiment  of  cavalry  and 
infantry,  and  one  ordnance  sergeant  for  each  military  post, 
each  to  receive  the  pay  and  allowances  of  a  sergeant  major, 
according  to  existing  laws. 

Sec  7.  That  there  may  be  enlisted  for  the  medical  de- 
partment of  the  army,  for  the  term  already  provided  by  law 
for  ilhcr  enlisted  men,  as  many  hospital  stewards  as  the  ser- 
vice may  require,  to  be  determined  by  the  Secretary  of  War, 
under  such  regulations  as  he  may  prescribe,  and  who  shall 
receive  the  pay  and  allowances  of  a  sergeant  major. 

Sec  -S.  That  until  a  military  school  shall  be  established 
for  the  elementary  instruction  of  officers  for  the  army,  the 
President  shall  be  authorized  to  appoint  cadets  from  the 
several  states,  in  number  proportioned  to  their  representa- 
tion in  the  House  of  Representatives,  and  ten  in  addition,  to 
be  selected  by  him  at  large  from  the  Confederate  States,  who 
shall  be  attached  to  companies  in  service  in  any  branch  of 
the  army,  as  supernumerary  officers,  with  the  rank  of  cadet, 
who   shall  receive  the  monthly  pay  of  forty  dollars,   and  be 


30 

competent  for  promotion  at  such  time  and  under  such  regu- 
lations as  may  bo  prescribed  b_y  the  President,  or  hereafter 
established  by  law. 

Sec.  9,  That  the  President  be  authorized  to  assign  officers 
of  the  army  of  the  Confederate  States  to  staff  duty  with 
volunteers  or  provisional  troops,  and  to  confer  upon  them, 
whilst  so  employed,  the  rank  corresponding  to  the  staif  duties 
they  are  to  perform. 

Sec.  lU.  There  shall  be  allowed  and  paid  to  every  able- 
bodied  man  vrho  shall  be  duly  enlisted  to  serve  in  the  army 
of  the  Confederate  States,  a  bounty  of  ten  dollars  ;  but  the 
payment  of  five  dollars  of  the  said  bounty  shall  be  deferred 
until  the  recruit  shall  have  been  mustered  into  the  regi- 
ment  in  which  he  is  to  serve. 

Sec  U.  That  the  provision  of  the  third  section  of  the  act 
of  the  Congress  of  the  United  States,  making  appropria- 
tions for  the  legislative,  executive  and  judicial  expenses  of 
the  government  for  the  year  ending  the  thirtieth  day  of  June, 
A.  D.  eighteen  hundred  and  sixty-one,  approved  June 
twenty-third,  eighteen  hundred  and  sixty,  which  declares 
that  no  arms  nor  military  supplies  whatever,  which  are  of  a 
patented  invention,  shall  be  purchased,  nor  the  right  of 
using  or  i^pplying  any  patented  invention,  unless  the  same 
shall  be  authorized  by  law,  and  the  appropriation  therefor 
explicitly  set  forth,  that  it  is  for  such  patented  invention,  (if 
of  force  within  the  Confederate  States,  shall  be  suspended 
in  its  operation  for  and  during  the  existing  Avar. 

Approved  May  IG,  1861. 


31 

No.  130.]  '    AN  ACT 

To  provide  a  Compensation  for  the  Disbursing    Officers  of 
the  several  Executive  Departments. 

Sfxtiox  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  Tliat  the  Secretaries  of  the  State,  Treasury,  War 
and  Navy  Departments,  and  of  the  Department  of  Justice, 
and  of  the  Post  Office  Department,  shall  appoint  one  of  their 
clerks  as  a  disbursing  clerk  ;  and  such  clerk  sliall  be  allowed, 
in  addition  to  his  compensation  as  clerk,  the  additional  sum 
of  two  hundred  dollars  per  annum,  for  disbursing-the  funds 
of  said  departments  which  may  be  required  to  pass  through 
their  hands.  And  that  all  laws  and  parts  of  laws  now  in 
force  relating  to  this  subject  be  repealed;  and  that  this  act 
take  eft'ect  and  be  of  force  from  and  after  its  passage. 

Approvi.o  May  16,  1861. 


In  relation  to  Marine  Hospital. 
No.  131.]  AN  ACT 

Besolird  hy  the  Congj-ess  of  the  Confederate  States  of  America, 
That  the  expenses  of  the  marine  hospitals  in  the  Confederate 
States  be  limited  to  the  amounts  received  for  their  support; 
and  that  the  Secretary  of  the  Treasury  be  authorized  to 
place  ^n}'  such  hospitals  as  may  be  practicable  under  the 
charge  of  any  corporate  or  State  authority  which  will  under- 
take to  keep  open  the  same  as  a  hospital  for  the  sick,  and  to 
receive  tluMcin  such  seamen  as  the  funds  allowed  by  law  for 
their  support  will  enable  them  to  provide  for. 

Approved  May  16,  1861. 


No.  132.]  AN  ACT 

To  amend  an  Act  entitled  '*  An  Acts  to  provide  for  the  ap- 
pointment of  Chaplains  to  the  Army,"  approved  May 
third,  eighteen  hundred  and  sixty-one. 

Section  1.   The  Congress  of  Vie  Confederate  States  of  Amer- 
ica do  enact.  That  so  much  of  the  second  section  of  the  above 


32 

recited  act  as  fixes  the  pay  of  chapTains  in  the  army  at 
eio-hty-five  dollars  be  repealed,  and  that  the  pay  of  said 
chaplains  be  fifty  dollars  per  month. 

Approved  May  16,  1861. 


No.  133.]  AN  ACT 

To  authorize  the  President  to  continue  the  Appointments 
made  byhim  in  the  Military  and  Naval  service  during  the 
recess  of  Congress  or  the  present  session,  and  to  submit 
them  to  Congress  at  its  next  session. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  President  be  authorized  to  continue 
the  appointments  made  by  him  in  the  military  and  naval 
service  during  the  recess  of  Congress  or  the  present  session, 
and  to  sul)mit  them  to  Congress  at  its  next  session. 

Approved  May  16,  1861. 


No.  134.]  AN  ACT 

To  authorize  a  Loan  and  the  issue  of  Treasury  Notes ;  and 
to  prescribe  the  punishment  for  t  orging  the  same,  and  for 
forging  Certificates  of  Stock  and  Bonds. 

Section  1,  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  Secretary  of  the  Treasury  may,  -with  the 
assent  of  the  President  of  the  Confederate  States,  issue  fifty 
millions  of  dollars  in  bonds,  payable  at  the  expiration  of 
twenty  years  from  their  date,  and  bearing  a  rate  of  interest 
not  exceeding  eight  per  cent,  per  annum  until  they  become 
payable,  the  said  interest  to  be  paid  semi-annually.  The 
said  bonds,  after  public  advertisement  in  three  newspapers 
within  the  Confederate  States  for  six  weeks,  to  be  sold  for 
specie,  military  stores,  or  for  the  proceeds  of  sales  of  raw 
produce  or  manufactured  articles,  to  be  paid  in  the  form  of 
specie  or  with  foreign  bills  of  exchange,  in  such  manner  and 
under  such  regulations  as  may  be  prescribed  by  the  Secreta- 
ry of  the  Treasury,  with  the  assent  of  the  President.     But 


33 

it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  re- 
port, at  its  next  ensuing  session,  to  the  Congress  of  the 
Confederate  States,  a  precise  statement  of  his  transactions 
under  this  law.  Nor  shall  the  said  bonds  be  issued  in  frac- 
tional parts  of  the  hundred,  or  be  exchanged  by  the  said 
Secretary  for  Treasury  notes,  or  the  notes  of  any  bank,  cor- 
poration or  iiulividual,  but  only  in  the  manner  herein  pre- 
scribed: Provided,  That  nothing  herein  contained  shall  be 
so  construed  as  to  prevent  the  Secretary  of  the  Treasury 
from  receiving  foreign  bills  of  exchange  in  payment  of  these 
bonds. 

Sec.  2.  Ayid  be  it  further  enacted,  That  in  lieu  of  bonds, 
to  an  amount  not  exceeding  twenty  millions  of  dollars,  the 
Secretary  of  the  Treasury,  with  the  assent  of  the  President, 
may  issue  treasury  notes  to  the  same  amount,  without  inter- 
est, and  in  denominations  of  not  less  than  five  dollars — the 
said  notes  to  be  receivable  in  payment  of  all  de])ts  or  taxes 
due  to  the  Confederate  States,  except  the  export  duty  on 
cotton,  or  in  exchange,  for  the  bonds  herein  authorized  to 
be  issued.  The  said  notes  shall  be  payable  at  the  end  of  two 
years  from  the  date  of  their  issue,  in  specie.  The  holders 
of  the  said  notes  may  at  any  time  demand  in  exchange  for 
them  bonds  of  the  Confederate  States,  payable  at  the  end  of 
ten  years,  and  bearing  an  interest  of  eight  per  centum  per 
annum,  to  be  paid  semi-annually.  The  Secretary  of  the 
Treasury  is  hereby  authorized  to  issue  the  said  bonds,  but 
not  in  fractional  parts  of  the  hundred.  But  if  after  the  ex- 
piration of  two  years,  when  the  treasury  notes  shall  be  due, 
the  Secretary  of  the  Treasury  shall  advertise  that  he  will 
pay  the  same,  then  the  privilege  of  funding  shall  cease  after 
six  months  from  the  date  of  the  advertisement,  unless  there 
shall  be  a  failure  to  pay  the  same  on  their  presentation. 

Sec.  3.  And  be  it  fin-thcr  enacted.  That  in  lieu  of  tlie  notes 
authorized  by  this  act,  Avhich  may  be  redeemed,  other  notes 
may  be  issued  within  the  period  of  ten  years  as  aforesaid  : 
Provided,  however.  That  the  amount  of  such  notes  outstand- 
ing, together  with  the  stock  in  which  the  said  treasury  notes 
may  have  liccn  funded  under  the  provisions  of  this  act,  shall 
not  exceed  the  sum  of  tAventy  millions  of  dollars.  But  the 
Secretary  of  the  Treasury  may,  upon  application  of  the 
holder  of  a  bond  thus  funded,  redeem  it  by  giving  in  ex- 
change treasury  notes  issued  under  the  provisions  of  this 
act,  to  such  extent  as  that  the  entire  amount  of  notes  tlicn 
issued,  together  with  the  amount  of  the  bonds  in  Avhich  they 
may  have  been  funded,  shall  not  exceed  twenty  millions  of 
dollars. 

13 


Sec.  4.  And  be  it  finiher  enacted,  That  the  faith  of  the| 
Confederate  States  is  hereby  pledged  to  provide  and  establisl 
sufficient  revenues  for  the  reguhxr  payment  of  the  interest] 
and  for  the  redemption  of  the  said  stock  and  treasury  notes.^ 
And  the  principal  sum  borrowed  under  the  provisions  of  this 
act  and  the  interest  thereon,  as  the  same  shall  from  time  to 
time  become  due  and  payable,  shall  be  paid  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

Sec.  5.  And  he  it  further  enacted,  That  this  act  shall  be 
deemed  to  contain  all  the  provisions,  limitations  and  penal- 
ties of  the  act  entitled  an  act  to  authorize  the  issue  of  treas- 
ury notes,  and  to  prescribe  the  punishment  for  forging  the 
same,  and  for  forging  certificates  of  stocks,  bonds,  or  coupons 
and  approved  March  ninth,  1861,  which  shall  be  considered 
as  parts  of  this  act,  save  the  first,  second  and  tenth  sections, 
and  save  so  much  as  relates  to  interest  upon  treasury  notes. 

Sec  6.  And  he  it  further  enacted,  That  for  the  purpose  of 
raising  ten  millions  of  dollars  within  the  present  calendar  • 
year,  and  of  providing  for  the  ultimate  redemption  of  the 
debt  herein  authorized  to  be  contracted,  the  Secretary  of  the 
Treasury  is  hereby  directed  to  collect  information  in  regard 
to  the  value  of  the  property,  the  revenue  system,  and  the 
amount  collected  during  the  last  fiscal  year  in  each  of  the 
Confederate  States,  and  to  report  the  same  to  Congress  at  its 
next  session,  so  as  to  enable  it  to  lay  a  fair,  equal  and  con- 
venient system  of  internal  taxation,  for  the  purpose  of  se- 
curing the  payment  of  the  interest  and  principal  of  the  debt 
hereby  authorized  to  be  created,  in  such  manner  as  may  fully 
discharge  the  obligation  herein  contracted  by  the  pledge  of 
the  faith  of  the  Confederate  States  to  pay  the  principal  and 
interest  of  the  said  debt  when  due. 

Sec.  7.  And  he  it  further  enacted,  That  any  State  may  pay 
into  the  treasury,  in  anticipation  of  the  tax  aforesaid,  any 
sum  not  less  than  one  hundred  thousand  dollars,  in  specie  or 
its  equivalent;  and  if  the  same  be  paid  on  or  before  the  first 
day  of  July  next,  the  said  State  shall  be  allowed  to  set  off 
the  same  with  ten  per  cent,  additional  from  the  quota  to  be 
assessed  upon  the  said  State. 

Approved  May  16,  1861. 


35 


No.  135.]  AN  ACT 

To  admit  the  State  of  North  Carolina  into  the  Confederacy, 
on  a  certain  condition. 

The  State  of  North  Carolina  having  adopted  measures 
looking  to  an  early  Avitbdrawal  from  the  United  States,  aud 
to  becoming  in  the  future  a  member  of  this  Confederacy, 
"which  measures  may  not  be  consummated  before  the  approachr 
ing  recess  of  Congress  :  Therefore, 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  State  of  North  Carolina  shall  be  aibaitted  a  mem'- 
ber  of  the  Confederate  States  of  America,  upon  an  equal 
footing  with  the  other  States,  under  the  Constitution  for  the 
Provisional  Government  of  the  same,  upon  the  condition 
that  the  convention  of  said  State,  soon  to  assemble,  shall 
adopt  and  ratify  said  Constitution  for  the  Provisional  Gov- 
ernment of  tlie  Confederate  States,  and  shall  transmit  to  the 
President  of  the  Confederate  States,  before  the  re-assembling 
of  Congress,  through  the  Governor  of  said  State,  or  some 
other  proper  organ,  an  authentic  copy  of  the  act  or  ordi- 
nance of  said  convention  so  adopting  and  ratifying  said  Pro- 
visional Constitution;  upon  the  receipt  ■\vhereof  the  Presi- 
dent, by  proclamation,  shall  announce  the  fact ;  -whereupon, 
and  without  any  further  proceeding  on  the  part  of  Congress, 
the  admission  of  said  State  into  this  Confederacy,  under 
said  Constitution  for  the  Provisional  Government,  shall  be 
considered  as  complete,  and  the  lavrs  of  this  Confederacy 
shall  thereby  be  extended  over  said  State  as  fully  and  com- 
pletely as  over  the  other  States  now  composing  the  same. 

Approved  May  17,  1861. 


No.  137.]  A  RESOLUTION 

In  rehition  to  Imports  from   the   States  of  Virginia,  North 
Carolina,  Tennessee,  and  Arkansas. 

Resolved,  That  all  imports  from  the  States  of  Virginia, 
North  Carolina,  Tennessee,  and  Arkansas,  be  exempted 
from  the  payment  of  duties ;  and  that  this  exemption  extend 
to  imports  from  the  said  States  now  in  warehouse. 

Approved  May  17,   1861. 


36 


No.  138.]  AN  ACT 

To  admit  tlie  State  of  Tennessee  into  the  Confederacy,  on  a 
certain  condition. 

The  State  of  Tennessee  having  adopted  measures  looking 
to  an  early  withdrawal  from  the  United  States,  and  to  be- 
coming, in  the  future,  a  member  of  this  Confederacy,  which 
measures  may  not  be  consummated  before  the  approaching 
recess  of  Congress  :  Therefore, 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  State  of  Tennessee  shall  be  admitted  a  member  of 
the  Confederate  States  of  America,  upon  an  equal  footing 
with  the  other  States,  under  the  Constitution  for  the  Provi- 
sional Government  of  the  same :  upon  the  condition  that  the 
said  Constitution  for  the  Provisional  Government  of  the 
Confederate  States  shall  be  adopted  and  ratified  by  the  pro- 
perly and  legally  constituted  authorities  of  said  State ;  and 
the  Governor  of  said  State  shall  transmit  to  the  President  of 
the  Confederate  States,  before  the  re-assembling  of  Con- 
gress, after  the  recess  aforesaid,  an  authentic  copy  of  the 
proceedings  touching  said  adoption  and  ratification  by  said 
State  of  said  Provisional  Constitution ;  upon  the  receipt 
whereof  the  President,  by  proclamation,  shall  announce  the 
fact ;  whereupon,  and  without  any  further  proceeding  on  the 
part  of  Congress,  the  admission  of  said  State  of  Tennessee 
into  the  Confederacy,  under  said  Constitution  for  the  Pro- 
visional Government  of  the  Confederate  States,  shall  be 
considered  as  complete ;  and  the  laws  of  this  Confederacy 
shall  be  thereby  extended  over  said  State,  as  fully  and  com- 
pletely as  over  the  other  States  now  composing  the  same. 

Approved  May  17.   1861. 


No.   139.]  AN  ACT 

To  authorize  the  extension  of  the  Mail  Service  of  the  Con- 
federate States  in  certain  cases  and  upon  certain  condi- 
tions. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact.  That  the  Postmaster-General  be  and  he  is  hereby 
authorized  to  extend  the  mail  service  of  the  Confederate 
States  over  all  such  States  and  territories  as  shall,  by  their 


37 

legislative  or  executive  authority,  request  the  same  to  be 
done,  between  this  and  the  meeting  of  the  next  session  of 
the  Congress ;  and  that  this  act  take  eifect  and  be  in  force 
from  and  after  its  passage. 

Approved  May  20,  1861. 


No.   140.]  AN  ACT 

To  establish  a  Mail  Eoute  from  Vcrmillionville,  in  the  State 
of  Louisiana,  to  Orange,  in  the  State  of  Texas,  and  for 
other  purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  following  mail  route  be  and  the  same 
is  hereby  established,  to-Avit:  From  A^crmillionvillc,  in  the 
State  of  Louisiana,  to  Orange,  in  the  State  of  Texas. 

Sec.  2.  And  be  it  further  enacted,  That  the  Postmaster- 
General  be  and  he  is  hereby  authorized  to  make  the  first 
contract  for  carrjnng  the  mail  over  said  route  without  the 
necessity  of  advertising  for  bids  for  said  contract,  as  re- 
quired by  existing  law  ;  and  that  this  act  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  May   17,   1861. 


No.  141.]  AN  ACT 

To  provide  an  Additional  Company  of  Sappers  and  Bombar- 
diers for  the  Army. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  there  be  added  to  the  military  establish- 
ment of  the  Confederate  States  one  company  of  sappers  and 
bombardiers,  to  consist  of  one  captain,  two  first  lieutenants, 
one  second  lieutenant,  ten  sergeants  or  master-workmen,  ten 
corporals  or  overseers,  two  musicians,  thirty-nine  privates 
of  the  first  class,  and  thirty-nine  privates  of  the  second 
class,  who  shall  be  instructed  in  and  perform  all  the  duties 
of  sappers  and  bombardiers,  and  shall,  moreover,  under  the 
orders  of  the  chief  engineer,  be  liable  to  serve,  by  detach- 
ments, in  overseeing  and  aiding  laborers  upon  fortifications 
or  other  works  under  the  engineer  department,  and  in  su- 
pervising finished  fortifications,  as  fort-keepers,  preventing 
injury  and  making  repairs. 


38 

Sec.  2.  That  it  shall  be  the  duty  of  the  colonel  of  the 
engineer  corps,  subject  to  the  approval  of  the  Secretary  of 
"War,  to  prescribe  the  number,  quantity,  form,  dimensions, 
&c.,  of  the  necessary  vehicles,  arms,  pontons,  tools,  imple- 
ments, and  other  supplies  for  the  service  of  said  company  as 
a  body  of  sappers  and  bombardiers. 

Sec.  3.  That  the  monthly  pay  of  the  captain  of  said  com- 
pany shall  be  one  hundred  and  forty  dollars ;  of  each  first 
lieutenant,  one  hundred  dollars ;  of  the  second  lieutenant, 
ninety  dollars ;  of  the  sergeants,  thirty-four  dollars  ;  of  the 
corporals,  twenty  dollars  ;  of  the  musicians,  thirteen  dollars  ; 
of  the  first  class  privates,  seventeen  dollars ;  and  of  the 
second  class  privates,  thirteen  dollars.  And  the  said  com- 
missioned ofiicers  shall  be  entitled  to  the  same  allowances  as 
all  other  commissioned  officers  of  the  army,  and  the  same 
right  to  draw  forage  for  horses  as  is  accorded  to  officers  of 
like  rank  in  the  engineer  corps ;  and  the  enlisted  men  shall 
receive  the  same  rations  and  allowances  as  are  granted  to  all 
other  enlisted  men  in  the  army. 

Approved  May  17,   1861. 


No.  142.]  AN  ACT 

To  admit  the  State  of  Arkansas  into  the  Confederacy. 

The  people  of  the  State  of  Arkansas,  in  sovereign  con- 
vention, having  passed  an  ordinance  dissolving  their  politi- 
cal connection  with  the  United  States,  and  another  ordi- 
nance adopting  and  ratifying  the  Constitution  for  the  Pro- 
visional Government  of  the  Confederate  States  of  America : 
Therefore, 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  State  of  Arkansas  be  and  is  hereby  admitted  into 
this  Confederacy,  upon  an  equal  footing  with  the  other 
States,  under  the  Constitution  for  the  Provisional  Govern- 
ment of  the  same. 

Approved  May  20,  1861. 


39 

No.  145.]  AN  ACT 

Amendatory  of  an   Act  to  provide  for  the  organization   of 

the  Navy. 

Section  1.  The  Congress  of  the  Co7\fcdcratc  States  of  Amer- 
ica do  enact.  That  from  and  after  the  passage  of  tliis  act,  the 
corps  of  marines  shall  consist  of  one  colonel,  one  lieutenant 
colonel,  one  major,  one  quartermastor  Avith  the  rank  of 
major,  one  paymaster  Avith  the  rank  of  major,  one  adjutant 
Avith  the  rank  of  major,  one  sergeant  major,  one  quarter- 
master sergeant,  ten  captains,  ten  first  lieutenants,  twenty 
second  lieutenants,  forty  sergeants,  forty  corporals,  and  eight 
hundred  and  forty  privates,  ten  drummers  and  ton  fifers  and 
two  musicians. 

Sf.c.  2.  The  pay  and  emoluments  of  the  officers  and  en- 
listed men  shall  be  the  same  as  that  of  the  officers  and  en- 
listed men  of  like  grade  in  the  infantry  of  the  army,  except 
that  the  paymaster  and  the  adjutant  shall  receive  the  same 
pay  as  the  quartermaster,  and  the  adjutant  shall  be  taken 
from  the  captains  and  subalterns  of  the  corps  and  separated 
from  the  line.  The  rations  of  enlisted  marines  shall  be 
the  rations  allowed  by  law  to  seamen.  All  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

Approved  May  20,  1S61. 


No.  146.]  AN  ACT 

To  amend  an  Act  to  provide  for  the  organization  of  the  Na- 
vy, approved  March  sixteenth,  eighteen  hundred  and 
sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  ennct,  That  the  President  be  and  he  is  hereby  authori- 
zed to  nominate,  and  by  and  with  the  advice  and  consent  of 
Congress  to  appoint  all  officers  of  the  navy  of  the  United 
States,  who  have  resigned  or  may  hereafter  resign  their  com- 
missions on  account  of  the  secession  of  any  or  all  of  the 
Confederate  States,  and  who  nuiy  be  fit  for  active  service,  to 
the  same  rank  and  position  in  the  navy  of  the  Confederate 
States  which  they  held  in  that  of  the  United  States  :  Pro- 
vided, however,  That  no  officer  shall  be  so  appointed  avIio  may 
at  any  time  have  committed  any  act  of  hostility  against  the 
Confederate  States  or  any  one  thereof. 


40 

Sec.  2.  That  the  President  be  authorized  to  assign  officers 
of  the  navy  to  mij  duty  connected  with  the  defence  of  the 
country,  and  suitable  to  their  rank,  Tvhicli  he  may  deem  pro- 
per. 

Sec.  3.  That  the  President  be  authorized  to  appoint  six 
assistant  paymasters  of  the  navy,  each  to  receive  a  salary  of 
one  thousand  dollars  when  employed  at  sea,  and  seven  hun- 
dred dollars  when  not  thus  employed;  and  all  paymasters 
of  the  navy  shall  be  taken  from  the  grade  of  assistant  pay- 
masters. 

Approved  May  21),  1S6L 


No.  147.]  AN  ACT 

To  establish  a  separate  Port  of  Entry  at  Sabine  Pass,  in  the 
County  of  Jefferson,  in  the  State  of  Texas,  and  to  pro- 
vide for  the  appointment  of  a  Collector  therein. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  all  that  part  of  the  collection  district  for 
the  District  of  Texas  included  in  the  county  of  Jefferson  in 
the  State  of  Texas,  embracing  all  the  waters,  islands,  bays, 
harbors,  inlets,  shores  and  rivers  in  the  same,  shall  be  a 
collection  district,  to  be  called  the  District  of  Sabine  Pass, 
and  Sabine  Pass  shall  be  the  port  of  entry  for  said  district. 

Sec.  2.  A  collector  for  the  said  district  of  Sabine  Pass 
shall  be  appointed  by  the  President,  with  the  advice  and  con- 
sent of  Congress,  who  shall  reside  at  Sabine  Pass,  and  hold 
his  office  for  the  terms  and  the  time  prescribed  by  law  for 
the  like  office  in  other  districts,  and  who  shall  be  entitled  to- 
a  salary  not  exceeding  seventeen  hundred  and  fifty  dollars 
per  annum,  including  in  that  sum  the  fees  allowed  by  law; 
and  the  amount  he  shall  collect  in  any  one  year  for  fees^ 
exceeding  the  said  sum  of  seventeen  hundred  and  fifty  dol- 
lars, shall  be  accounted  for  and  paid  into  the  treasury  of  the 
Confederate  States  of  America. 

Sec.  3.  That  all  laws  and  parts  of  laws  now  in  force,  con- 
travening the  provisions  of  this  act,  be  and  the  same  are 
hereby  repealed,  and  that  this  act  take  effect  from  and  after 
its  passage. 

Approved  May  21,  1861. 


41 

No.  148.]  AN  ACT 

To  put  in  operation  the  Government  under  the  Permanent 
Constitution  of  the  Confederate  States  of  America. 

Sf.ction  1.  T'hc  Congress  of  the  Confederate  States  of  America 
do  enact,  That  an  election  shall  be  held  in  the  several  states  of 
this  Confederacy,  on  the  first  Wednesday  in  November,  ei2;h- 
teen  hundred  and  sixty-one,  for  members  of  the  House  of  Re- 
presentatives in  the  Con_a;ress  of  the  Confederate  States  under 
the  permanent  constitution,  which  election  shall  be  conduct- 
ed ill  all  respects  according  to  said  Constitution  and  the  laws 
of  the  several  states  in  force  for  that  purpose  ;  and  in  states 
which  may  not  have  provided  by  law  for  such  election,  ac- 
cording to  the  laws  heretofore  existing  in  such  states  for  the 
election  of  members  of  the  House  of  Representatives  in  the 
Congress  of  the  United  States.  And  on  the  same  day  the 
several  states  shall  elect  or  appoint  Electors  for  President 
and  Vice  President  of  the  Confederate  States  of  America, 
according  to  said  Constitution,  and  in  the  manner  prescribed 
by  the  laws  of  the  several  States  made  for  that  purpose  ; 
and  in  states  Avhere  no  such  laws  may  exist,  according  to  the 
laws  heretofore  in  force  in  such  states  for  the  election  or  ap- 
pointment of  Electors  for  President  and  Vice  President  of 
the  United  States. 

Sf.c.  2.  The  Electors  for  President  and  Vice  President 
shall  meet  in  their  respective  states  on  the  first  Wednesday 
in  December,  eighteen  hundred  and  sixty-one,  and  proceed 
to  vote  for  President  and  Vice  President,  and  make  out  lists, 
certif)^  the  same,  and  forward  the  same  to  the  President  of 
the  Senate ;  all  as  directed  by  the  said  Constitution  in  that 
behalf. 

Sf.c.  3.  The  members  of  the  House  of  Representatives  so 
elected,  and  the  Senators  who  may  be  elected  by  the  several 
states  according  to  the  provisions  of  said  Constitution,  shall 
assemble  at  the  seat  of  government  of  the  Confederate  States, 
on  the  eighteenth  day  of  February,  eighteen  hundred  and 
sixty-tv,o  ;  and  the  said  memliers  of  the  House  of  Represen- 
tatives shall  proceed  to  organize  by  the  election  of  a  Speak- 
er, and  the  Senators  by  the  election  of  a  President  of  the 
Senate  for  the  time  being ;  and  the  President  of  the  Senate 
shall,  on  the  nineteenth  day  of  February,  eighteen  hundred 
and  sixty-two,  open  all  the  certificates  ;  and  the  votes  for 
I'resident  and  Vice  President  shall  then  be  counted,  as 
directed  by  said  Constitution. 


42 

Sec.  4.  The  President  of  the  Confederate  States  shall  be 
inaugurated  on  the  twenty-second  day  of  February,  eighteen 
hundred  and  sixty-two. 

Sec.  5.  Be  it  further  enacted,  That  in  case  the  State  of 
Virginia  shall  adopt  and  ratify  the  Constitution  for  the  per- 
manent government  of  the  Confederate  States  of  America 
before  the  elections  in  this  act  provided  for,  she  shall  be  en- 
titled to  elect  sixteen  members  to  the  House  of  Representa- 
tives ;  and  the  State  of  North  Carolina,  in  like  case,  ten 
members ;  the  State  of  Tennessee,  in  like  case,  eleven  ;  and 
the  State  of  Arkansas,  in  like  case,  four  members  ;  the  same 
being  upon  the  basis  of  one  member  for  every  ninety  thou- 
sand representative  population,  and  one  additional  member 
for  a  fraction  over  one  half  of  the  ratio  aforesaid,  in  each  of 
said  states,  under  the  census  of  the  United  States  taken  in 
eighteen  hundred  and  sixty,  and  being  the  same  basis  of 
representation  fixed  for  the  seven  original  states  in  said  Con- 
stitution for  permanent  government. 

Sec.  6.  Be  it  further  enacted,  That  the  same  rules  and 
principles  shall  be  observed  as  to  the  number  of  Presidential 
Electors  in  the  states  aforesaid  as  in  the  other  seven  original 
states. 

Approved  May  21,  1861. 


No.  149.]  AN  ACT 

Making  Appropriations  in  addition  to  those  already  made 
for  the  Military  Service  of  the  Confederate  States  of 
America,  for  the  fiscal  year  ending  the  eighteenth  day  of 
February,  one  thousand  eight  hundred  and  sixty-two. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  there  be  appropriated  for  the  pay  of  the 
oflBcers  and  privates  of  one  hundred  regiments  of  infantry, 
and  for  quartermaster's  supplies  of  all  kinds  for  the  same, 
and  transportation,  including  horses,  wagons,  harness,  am- 
bulances and  other  necessary  expenses,  for  the  fiscal  year 
ending  the  eighteenth  of  February,  one  thousand  eight  hun- 
dred and  sixty-two,  twenty-seven  millions  nine  hundred  and 
thirty-two  thousand  four  hundred  and  ninety-three  dollars 
and  twelve  cents. 


43 

Sec.  2.  That  there  be  appropriated  for  the  pay,  quarter- 
master's supplies  of  all  kinds,  transportation  and  other  ne- 
cessary expenses  for  one  regiment  of  legionary  formation, 
composed  of  one  company  of  artillery,  four  couTpanies  of 
cavalry,  and  six  companies  of  voltigeurs,  five  hundred  and 
fifty  thousand  four  hundred  and  eighty-five  dollars. 

Sec.  3.  That  there  be  appropriated  for  the  purchase  of 
subsistence  stores  and  commissary  property  for  one  hundred 
thousand  troops,  for  the  fiscal  year  ending  the  eighteenth  of 
February,  one  thousand  eight  hundred  and  sixty-two,  five 
millions  four  hundred  and  sixty-four  thousand  two  hundred 
and  fifty-eight  dollars  and  eighty  cents. 

Sec.  4.  That  there  be  appropriated  for  the  ordnance  ser- 
vice, for  the  fiscal  year  ending  the  eighteenth  of  February, 
one  thousand  eight  hundred  and  sixty-two — for  the  preser- 
vation of  public  buildings,  quarters,  barracks,  &c.,  at  the 
arsenals,  armories,  and  depots  ;  for  the  repairs  and  preser- 
vation of  ordnance  stores ;  for  the  pay  of  clerks,  draughts- 
men, colorers,  superintendents,  overseers,  &c. ;  for  the  pur- 
chase of  horses,  mules,  forage,  stationery,  and  contingencies 
of  ordnance  service  ;  for  the  purchase  of  heavy  ordnance 
and  carriages,  with  shot  and  shell  for  the  same;  for  sixteen 
field  batteries  of  six  pieces  each,  with  harness,  implements 
and  ammunition ;  for  fifty  thousand  stands  of  small  arms ; 
for  five  thousand  pistols  and  holsters ;  for  sabres,  swords, 
carbines  and  pistols ;  for  five  thousand  sets  of  cavalry 
equipments :  for  five  thousand  sets  of  cavalry  accoutre- 
ments; for  one  hundred  thousand  sets  infantry  accoutre- 
ments ;  knapsacks,  haversacks  and  canteens ;  for  two  and 
one-half  million  pounds  of  powder ;  for  materials  for  the 
same  ;  for  lead,  copper  and  materials  for  percussion  caps 
and  for  friction  tubes ;  for  additional  shops  and  storehouses 
at  Mount  Vernon  Arsenal,  Alabama,  and  Augusta  Arsenal, 
Georgia ;  for  machinery,  steam  engine  and  tools ;  for  cap 
machine ;  for  bullet  machine  ;  for  repairs  of  buildings  and 
machines  at  Harper's  Ferry — four  millions  four  hundred 
and  forty  thousand  dollars. 

Sec.  5.  That  there  be  appropriated  for  medical  and  hos- 
pital supplies,  for  the  year  ending  eighteenth  of  February, 
one  thousand  eight  hundred  and  sixty-two,  the  sum  of  three 
hundred  and  fifty  thousand  dollars. 

Sec.  G.  That  there  be  appropriated  for  the  contingent 
service  of  the  War  Department,  for  the  year  ending  the 
eighteenth  of  February,  one  thousand  eight  hundred  and 
sixty-two,  the  sum  of  three  hundred  thousand  dollars. 


44 

Sec.  7.  That  there  be  appropriated  for  contingent  ex- 
penses of  the  Adjutant  and  Inspector  General's  Department, 
including  office  furniture,  stationery,  printed  blanks  for  the 
use  of  the  army,  record  books,  postage,  telegraphic  de- 
spatches, &c.,  for  the  year  ending  the  eighteenth  February, 
one  thousand  eight  hundred  and  sixty-two,  the  sum  of  eight 
thousand  dollars. 

Sec.  8.  That  there  be  appropriated  for  the  pay  of  sur- 
geons, assistant  surgeons,  and  chaplains,  for  the  year  ending 
the  eighteenth  day  of  February,  one  thousand  eight  hundred 
and  sixty-two,  the  sum  of  three  hundred  and  twenty-nine 
thousand  nine  hundred  and  one  dollars. 

Approved  May  21,  1861. 


No.  150.]  AN  ACT 

To  amend  an  act  relative  to  Telegraphic  Lines  of  the  Con- 
federate States,  approved  May  eleventh,  one  thousand 
eight  hundred  and  sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  the  sixth  section  of  the  "  act  relative  to 
telegraph  lines  of  the  Confederate  States  "  be  and  the  same 
is  hereby  so  amended  as  to  authorize  the  President  to  allow 
such  compensation  as  may  be  reasonable  and  proper,  in  ad- 
dition to  what  may  be  allowed  by  the  telegraph  companies, 
to  such  of  the  agents  of  said  companies  as  he  may  charge 
with  special  and  important  duties,  where  such  agents  are 
deemed  trustworthy  and  acceptable  both  to  him  and  the  com- 
panies concerned. 

Approved  May  21,  1861. 


No.  151.]  AN  ACT 

Making  appropriations  for  the  Legislative  and  Executive 
expenses  of  Grovernraent  for  the  year  ending  eighteenth 
of  February,  eighteen  hundred  and  sixty-two. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  the  following  sums  be  and  the  same  are 
hereby  appropriated,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  for  the  objects  hereafter  expressed, 


45 

for  the  year  ending  the  eighteenth  of  February,  eighteen 
hundred  and  sixty-two  : 

legislative — For  compensation  and  mileage  of  members  of 
Congress,  twenty-five  thousand  dollars.  For  compensation 
of  officers  of  Congress,  six  thousand  dollars.  For  contin- 
gent expenses  of  Congress  including  printing,  five  thousand 
dollars. 

Department  of  State — For  compensation  of  two  additional 
clerks,  tAvo  thousand  dollars.  For  the  publication  and  print- 
ing of  acts  and  resolutions  of  Congress,  twenty-two  thou- 
sand five  hundred  dollars.  For  necessities  and  exigencies 
under  laws  already  passed,  or  which  may  be  passed,  or  from 
causes  which  now  exist  or  may  hereafter  arise,  and  unfore- 
seen emergencies,  forty  thousand  dollars — to  replace  same 
amount  in  State  Department. 

Treasury  Department — For  this  amount  to  pay  interest  on 
loan  of  February  '28,  1861,  five  hundred  thousand  dollars. 
For  additional  expenses  under  the  act  *'  to  raise  money  for  the 
support  of  the  Government  and  to  provide  for  the  defence  of 
the  Confederate  States  of  America, "  approved  February  28, 
1861,  thirty  thousand  dollars.  For  incidental  and  contin- 
gent expenses  of  the  Treasury  Department,  twenty  thou- 
sand dollars. 

Miscellaneous — For  compensation  of  two  watchmen  to 
guard  the  executive  buildings,  at  four  hundred  dollars  each, 
and  for  lighting  the  same,  sixteen  hundred  dollars.  For 
rent  of  executive  building  corner  of  Bibb  and  Commerce 
streets,  three  thousand  dollars.  For  rent  of  executive 
building  on  Bibb  street,  between  Coosa  and  Commerce 
streets,  two  thousand  dollars.  For  rent  of  building  of  Noble 
&  Brother  and  others,  three  thousand  dollars.  For  furni- 
ture for  executive  mansion,  nine  hundred  and  eighty-seven 
dollars  and  fifty-eight  cents.  For  furniture  of  executive 
offices  and  halls,  six  hundred  and  twenty-seven  dollars  and 
twenty-one  cents.  For  work  done  on  executive  buildings 
by  order  of  committee  of  Congress,  six  hundred  and  thirty- 
five  dollars   and  fifty-two  cents. 

Approved  May  21,  1861. 


46 

No.  152.]  AN  ACT 

To  provide  for  certain  Deficiencies  in  the  Appropriations  for 
the  Post-Office  Department  for  the  year  ending  February 
18,  18G2. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  the  following  sums  shall  be  and  are  here- 
by appropriated,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  for  the  service  of  the  Post-Office 
Department  for  the  year  ending  February  18th,  1862:  For 
increased  compensation  of  the  chiefs  of  the  contract,  appoint- 
ment and  finance  bureaus,  one  thousand  one  hundred  and 
six  dollars  and  one  cent.  For  compensation  of  disbursing 
clerk,  one  hundred  and  forty-seven  dollars  and  forty-seven 
cents.  For  compensation  of  watchmen,  three  hundred  and 
sixty-eight  dollars  and  sixty-seven  cents.  For  compensa- 
tion of  four  principal  clerks,  at  fourteen  hundred  dollars 
each,  four  thousand  and  thirty-six  dollars  eighty  cents. 
For  compensation  of  ten  clerks,  at  twelve  hundred  dollars 
each,  eight  thousand  seven  hundred  and  forty-nine  dollars 
and  twenty  cents.  For  compensation  of  four  clerks  at  one 
thousand  dollars,  two  thousand  nine  hundred  and  sixteen 
dollars  and  forty  cents.  To  supply  deficiency  in  the  appro- 
priation for  the  compensation  of  the  Postmaster  General, 
clerks  and  messengers  in  his  office,  made  by  the  act  approv- 
ed 9th  day  of  March,  1861,  and  entitled  "an  act  further  to 
provide  for  the  organization  of  the  Post-Office  Department,  " 
ten  thousand  dollars.  For  the  compensation  of  agents,  and 
for  cost  of  materials,  and  constructing,  repairing,  and  ope- 
rating telegraph  lines,  and  for  other  expenses  which  may  be 
incurred  under  said  act,  thirty  thousand  dollars ;  Provided, 
That  the  Postmaster  General  is  hereby  authorized,  with  the 
approval  of  the  President,  to  employ  officers  of  the  telegraph 
companies  as  agents  to  perform  the  services  specified  in  the  act 
entitled  "  an  act  relative  to  telegraph  lines  of  the  Confederate 
States,"  approved  11th  day  of  May,  1861,  But  the  com- 
pensation allowed  to  such  agents  shall  in  no  case  exceed 
that  provided  for  other  agents  by  said  act,  and  shall  be  fixed 
by  the  Postmaster  General,  with  the  approbation  of  the  Pre- 
sident. 

Approved  May  21,  1861. 


No.  153.]  AN  ACT 

Concerning  the  transportation  of  Soldiers  and  allowance  for 
Clothing  of  Volunteers,  and  amendatory  of  the  Act  for 
the  establishment  and  organization  of  the  Army  of  the 
Confederate  States. 

Sfxtion  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  When  transportation  cannot  be  furnished  in  kind, 
the  discharged  soldier  shall  be  entitled  to  receive  ten 
cents  per  mile  in  lieu  of  all  travelling  pay,  subsistence,  for- 
age, and  undraAvn  clothing,  from  the  place  of  discharge  to 
the  place  of  his  enlistment  or  enrollment,  estimating  the  dis- 
tance by  the  shortest  mail  route,  and  if  there  is  no  mail 
route,  by  the  shortest  practicable  route.  The  foregoing  to 
apply  to  all  officers,  non-commissioned  officers,  musicians, 
artificers,  farriers,  blacksmiths  and  privates  of  volunteers, 
when  disbanded,  discharged  or  mustered  out  of  service  of 
the  Confederate  States ;  and  it  shall  also  apply  to  all  volun- 
teer troops,  as  above  designated,  Avhen  travelling  from  the 
place  of  enrollment  to  the  place  of  general  rendezvous  or 
point  -where  mustered  into  service  :  Provided,  That  nothing 
herein  contained  shall  be  so  construed  as  to  deprive  the 
mounted  volunteers  of  the  allowance  of  forty  cents  a  day 
for  the  use  and  risk  of  his  horse,  which  allowance  is  made 
from  the  date  of  his  enrollment  to  the  date  of  his  discharire, 
and  also  for  every  twenty  miles  travel  from  the  place  of  his 
discharge  to  the  place  of  his  enrollment. 

Sec.  2.  That  the  fourth  section  of  the  act  of  March  6, 
1861,  "To  provide  for  the  public  defence,"  be  amended  as 
follows,  viz:  There  shall  be  allowed  to  each  volunteer,  to  be 
paid  to  him  on  the  first  muster  and  pay  rolls  after  being  re- 
ceived and  mustered  into  the  service  of  the  Confederate 
States,  the  sum  of  twenty-one  dollars,  in  lieu  of  clothing 
for  six  months ;  and  thereafter  the  same  allowance  in  money 
at  every  subsequent  period  of  service  for  six  months  in  lieu 
of  clothing ;  Provided,  That  the  price  of  all  clothing  in 
kind  received  by  said  volunteers  from  the  Confederate  States 
government  shall  be  deducted  first  from  the  money  thus  al- 
lowed ;  and  if  that  sum  be  not  sufficient;  the  balance  shall 
be  charged  for  stoppage  on  the  muster  and  pay  rolls ;  and 
that  all  accounts  arising  from  contracts,  agreements,  or  ar- 
rangements for  furnishing  clothing  to  volunteers,  to  be  duly 
certified  by  the  company  commander,  shall  be  paid  out  of  the 
said  semi-annual  allowance  of  money. 


48 

Sec.  3.  That  the  twenty-first  section  of  the  act  for  the 
oro-anization  of  the  army  of  the  Confederate  States  be  so 
aniended  as  to  allow  to  aids-de-camp  and  to  adjutants  forage 
for  the  same  number  of  horses  as  allowed  to  officers  of  the 
same  grade  in  the  mounted  service. 

Approved  May  21,  1861. 


No.  154.]  AN  ACT 

To  be  entitled  an  Act  to  amend  "  An  Act  to   raise  an  addi- 
tional Military  Force  to  serve  during  the  War." 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  so  much  of  the  second  section  of  the  act  en- 
titled an  act  to  raise  an  additional  military  force  to  serve 
during  the  w^ar,  passed  May  eighth,  eighteen  hundred  and 
sixty-one,  be  so  amended  as  to  authorize  the  President,  on 
the  application  of  any  commanding  officer  of  a  regiment  or 
battalion  authorized  by  said  act,  to  assign  a  subaltern  of  the 
line  of  the  army  to  the  duties  of  adjutant  of  said  regiment 
or  battalion. 

Approved  May  21,  1861. 


No.  155.]  AN  ACT 

To  authorize  the  President  to  confer  temporary  rank  and 
command,  for  service  with  volunteer  troops,  on  Officers 
of  the  Confederate  army. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  shall  be  authorized  to  confer 
temporary  rank  and  command,  for  service  with  volunteer 
troops,^  on  officers  of  the  Confederate  army;  the  same  to  be 
held  without  prejudice  to  their  positions  in  said  army,  and 
to  have  effect  only  to  the  extent  and  according  to  the  assign- 
ment made  in  general  order. 

Approved  May  21,  1861. 


49 

No.  156.]  AN  ACT 

To  provide  for  the  Incidental  Expenses  of  the  Pubiio  Service 
■within  the  Indian  trilies. 

The  Congress  of  the  Confederate  States  I'o  enact.  That  tlie 
sum  of  one  hundred  thousand  dollars  he  and  the  same  is 
herehy  appropriated,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  to  meet  the  incidental  expenses  of 
the  puhlic  service  "within  the  Indian  tribes,  for  the  year  end- 
ing February  the  eighteenth,  eighteen  hundred  and  sixty- 
two.  l>ut  a  particular  and  specific  account  of  the  expendi- 
tures under  this  act  shall  be  made  and  reported  to  Congress 
at  its  next  session  after  the  expiration  of  the  period  herein 
named. 

Approved  May  21,  1861. 


No.  153.]  A  RESOLUTION 

In  relation  to  certain  Accounts, 

Resolved  by  the  Cong7-ess  of  the  Confederate  States  of  America, 
That  the  Secretary  of  the  Treasury  be  authorized  to  pay, 
out  of  the  contingent  fund  of  the  Treasury  Department,  all 
accounts  contracted  for  work  done  or  furniture  provided  for 
the  use  of  the  executive  office,  or  in  the  executive  buildings, 
not  properly  chargeable  to  the  contingent  fund  of  cither  of 
the  other  departments. 

Approved  Mav  21,  1S61. 


No.  159.]  AN  ACT 

To  divide  the  State  of  Texas  into  tAvo  Judicial  Districts,  and 
to  provide  for  the  appointment  of  Judges  and  officers  in 
the  same. 

Section  1 .  The  Congress  of  tlie  Confederate  States  ef  America 
do  enact ^  That  the  State  of  Texas  be  and  the  same  is  hereby 
divided  into  two  judicir.l  districts  in  the  following  manner, 
to  wit:  all  the  territory  of  the  State  of  Texas  Avithin  and 
West  of  the  following  named  counties  shall  compose  one 
district,  to  lie  called  the  Western  District,  to  wit  :  Matagor- 
da, Wharton,  Colorado  Fayette,  Washington.  Burleson, 
14 


50 


1 


Milan,  Fall,  McLellan,  Hill,  Jolmson,  Tarrant,  Wise,  Mon- 
tague ;  and  all  the  territory  East  of  said  counties  shall  con- 
stttute  the  Eastern  District  of  Texas. 

Sec.  2.  There  shall  be  appointed  a  judge  and  marshal  for 
said  Western  District.  The  said  judge  shall  hold  two  terms 
each  year  of  said  court,  at  the  city  of  Austin,  and  at  Browns- 
ville, in  the  county  of  Cameron,  at  the  times  prescribed  by 
the  laws  of  the  Uniteil  States  for  the  holding  of  the  district 
courts  of  the  United  States,  at  said  places. 

Skc.  3.  All  the  laws  of  the  United  States  relative  to  the 
district  courts  of  Texas,  and  the  powers  and  jurisdiction  of 
the  same,  so  far  as  they  are  consistent  with  the  Constitution 
and  the  laws  of  the  Confederate  States,  are  hereby  re-enact- 
ed and  continued  in  full  force. 

Approved  May  21,  186L 


No.  162.]  AN  ACT 

To  provide  Revenue  from  Commodities  Imported  from 
Foreign  Countries. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  from  and  after  the  31st  day  of  August  next, 
a  duty  shall  be  imposed  on  all  goods,  products,  wares  and 
merchandize  imported  from  abroad  into  the  Confederate 
States  of  America,  as  follows : 

On  all  articles  enumerated  in  schedule  A,  an  ad  valorem 
duty  of  twenty -five  per  centum.  On  all  articles  enumerated 
in  schedule  B,  an  ad  valorem  duty  of  twenty  per  centum. 
On  all  articles  enumerated  in  schedule  C,  an  ad  valorem 
duty  of  fifteen  per  centum.  On  all  articles  enumerated  in 
•  schedule  D,  an  ad  valorem  duty  of  ten  per  centum.  On  all 
articles  enumerated  in  schedule  E,  an  ad  valorem  duty  of 
five  per  centum.  And  that  all  articles  enumerated  in  sched- 
ule F,  a  specific  duty  as  therein  named.  And  that  all  ar- 
ticles enumerated  in  schedule  G,  shall  be  exempt  from  duty,, 
to  wit : 

Schedule  A,  (twenty-five  per  centum  ad  valorem.) 

Alabaster  and  spar  ornaments ;  anchovies,  sardines  and  all 
other  fish  preserved  in  oil. 

Brandy  and  other  spirits  distilled  from  grain  or  other  ma- 
terials, not  otherwise  provided  for;  billiard  and  bagatelle 
tables,  and  all  other  tables  or  boards  on  which  games  are 
played. 


51 

Composition  tops  for  tables,  or  other  articles  of  furniture; 
confectionary,  comfits,  sweetmeats,  or  fruits  preserved  in 
sugar,  molasses,  brandy  or  other  liquors  ;  cordials,  absynthe, 
arrack,  curacoa,  kirsehenwesser,  liquors,  maraschino,  rata- 
fia, and  all  other  spirituous  beverages  of  a  similar  character. 

Glass,  cut. 

Manufactures  of  cedar-wood,  granadilla,  ebony,  mahog- 
any, rosewood  and  satin-wood. 

Scagliola  tops,  for  tables  or  other  articles  of  furtiture ; 
segars,  snufl^,  paper  segars,  and  all  other  manufiicturcs  of 
tobacco. 

Wines — Burgundy,  champagne,  clarets,  madeira,  port, 
sherry,  and  all  other  wines  or  imitations  of  wines. 

Schedule  B,  (twenty  per  centum  ad  valorem.) 

Almonds,  raisins,  currants,  dates,  figs,  and  all  other  dried 
or  preserved  fruits,  not  otherwise  provided  for ;  argentine,, 
alabata,  or  German  silver,  manufactured  or  unmanufactured;, 
articles  embroidered  with  gold,  silver  or  other  metal,  not 
otherwise  provided  for. 

Balsams,  cosmetics,  essences,  extracts,  pastes,  perfumcs- 
and  tinctures,  used  for  the  toilet  or  for  medicinal  purposes : 
bay  rum,  beads  of  amber,  composition  or  wax,  and  all  other 
beads ;  benzoatcs ;  bracelets,  braids,  chains,  curls  or  ring- 
lets composed  of  hair,  or  of  which  hair  is  a  component  part, 
not  otherwise  provided  for ;  brooms  and  brushes  of  all  kinds. 

Camphor,  refined;  canes  and  sticks,  for  Avalking.  finished 
or  unfinished;  capers,  pickles,  and  sauces  of  all  kinds,  not 
otherwise  provided  for ;  card  cases,  pocket-books,  shell 
boxes,  souvenirs,  and  all  similar  articles,  of  whatever  mate- 
rial  composed,  not  otherwise  provided  for ;  compositions  of 
glass,  set  or  unset;  coral,  cut  or  manufactured. 

Feathers  and  flowers,  artificial  or  ornamental,  and  parts 
thereof,  of  whatever  material  composed  ;  fans  and  fire  screens 
of  every  description,  of  whatever  material  composed. 

Grapes,  plums,  and  prunes,  and  other  such  fruit,  when 
put  up  in  bottles,  cases,  or  cans,  not  otherwise  provided  for. 

Hair,  human,  cleansed  or  prepared  for  use. 

Manufactures  of  gold,  platina  or  silver,  not  otherwise 
provided  for;  manufactures  of  papier  mache;  molasses.. 


52 

Paintings  on  glass  ;  pepper,  pimento,  cloves,  nutmegs, 
cinnamon,  and  all  otlier  spices ;  perfumes  and  perfumery,  of 
all  sorts,  not  otherwise  provided  for ;  plated  and  gilt  ware  of 
all  kinds,  not  otherwise  provided  for  ;  playing  cards ;  pre- 
pared vegetables,  fruits,  meats,  poultry  and  game,  sealed  or 
enclosed  in  cans  or  otherwise. 

Silver  plated  metals,  in  sheets  or  other  form  ;  soap,  cas- 
tile,  perfumed,  Windsor,  and  other  toilet  soaps ;  sugar  of  all 
kinds ;   syrup  of  sugar. 

Epaulettes,  galloons,  laces,  knots,  stars,  tassels,  tresses, 
and  wings  of  gold  or  silver,  or  imitations  thereof. 

Schedule  C,  (fifteen  per  cent,  ad  valorem.) 

Alum ;  arrow-root ;  articles  of  clothing  or  apparel,  inclu- 
ding hats,  caps,  gloves,  shoes  and  boots  of  all  kinds,  worn 
by  men,  women  or  children,  of  whatever  material  composed, 
not  otherwise  provided  for. 

Baizes,  blankets,  bockings,  flannels  and  floor-cloths,  of 
whatever  material  composed,  not  otherwise  provided  for ; 
baskets,  and  all  other  articles  composed  of  grass,  osier, 
palm-leaf,  straw,  whalebone  or  willow,  not  otherwise  provi- 
ded for;  beer,  ale  and  porter,  in  casks  or  bottles;  beeswax; 
beri'ies  and  vegetables  of  all  sorts  used  for  food,  not  other- 
wise provided  for  ;  blue  or  roman  vitrol,  or  sulphate  of  cop- 
per ;  bologna  sausages ;  braces,  suspenders,  webbing,  or 
other  fabrics  composed  wholly  or  in  part  of  Indian  rubber, 
not  otherwise  provided  for ;  breecia ;  burgundy  pitch  ;  but- 
tons and  button  moulds  of  all  kinds. 

Cables  and  cordage,  of  whatever  material  made ;  cadmium ; 
calamine ;  calomel  and  all  other  mercurial  preparations ; 
carbonate  of  soda ;  castor  beans ;  castor  oil ;  candles  and 
tapers  of  spermaceti,  stearine,  parafine,  tallow  or  wax,  and 
all  other  candles  ;  caps,  hats,  muS"s  and  tippets,  and  all  other 
manufactures  of  fur,  or  of  which  fur  shall  be  a  component 
part;  caps,  gloves,  leggins,  mits,  socks,  stockings,  wove 
shirts  and  draAvers,  and  all  similar  articles  worn  by  men, 
women  and  children,  and  not  otherwise  provided  for ;  car- 
pets, carpeting,  hearth-rugs,  bed-sides,  and  other  portions 
of  carpeting,  being  either  Aubusson,  Brussels,  ingrain, 
Saxony,  Turkey,  Venetian,  Wilton,  or  any  other  similar 
fabric,  not  otherwise  provided  for ;  carriages  and  parts  of 
carriages;  castorum;  chains,  of  all  sorts;  cider  and  other 
beverages  not  containing  alcohol,  and  not  otherwise  provi- 


6S 

ded  for ;  chocolate ;  cliromatc  of  load ;  ehromate,  bi-chro- 
matc,  hydriodate,  and  prussiate  of  potash  ;  clocks  and  parts 
of  clocks  ;  coach  and  harness  furniture  of  all  kinds  ;  cobalt ; 
combs  of  all  kinds ;  copper  bottoms ;  copper  rods,  bolts, 
nails,  and  spikes;  copper  in  sheets  or  plates,  called  brazier's 
copper,  and  other  sheets  of  copper,  not  otherwise  provided 
for ;  copperas,  or  green  vitriol,  or  sulphate  of  iron ;  corks ; 
cotton  cords,  gimps,  and  galloons ;  cotton  laces,  cotton  in- 
sertings.  cotton  trimming,  laces,  cotton  laces  and  braids  ; 
court  plaster;  coral,  manufactured;  crayons  of  all  kinds; 
cubebs ;   cutlery  of  all  kinds. 

Delaines ;  dolls  and  toys«of  all  kinds  ;  dried  pulp  ;  drugs, 
medicinal. 

Eartlien,  china,  and  stone  ware,  and  all  other  wares  com- 
posed of  earthy  and  mineral  substances  not  otherwise  provi- 
ded for  ;  encaustic  tiles  ;  ether. 

Felspar  ;  fig-blue  ;  fire-crackers,  sky-rockets,  Roman  can- 
dles, and  all  similar  articles  used  in  pyrotechnics ;  fish, 
whether  fresh,  smoked,  salted,  dried  or  pickled,  not  other- 
wise provided  for ;  fruits,  preserved  in  their  own  juice,  or 
pie  fruits;  fish  glue,  or  isinglass;  fish  skins ;  fiats,  braids, 
plaits,  sparterre  and  willow  squares,  used  for  making  hats  or 
bonnets;  floss  silks,  feather  beds,  feathers  for  beds,  and 
downs  of  all  kinds ;  frames  and  sticks  for  umbrellas,  para- 
sols, and  sunshades,  finished  or  unfinished ;  Frankford  l)lack ; 
fulminates,  or  fulminating  powders ;  furniture,  cabinet  and 
household,  not  otherwise  provided  for;  furs,  dressed  on  the 
skin. 

Ginger,  dried,  green,  ripe,  ground,  preserved  or  pickled : 
glass,  colored,  stained  or  painted ;  glass,  window ;  glass 
crystals  for  watches ;  glasses  or  pebbles  for  spectacles  ;  glass 
tuml)lers,  plain,  moulded  and  pressed,  bottles,  flasks,  and 
all  other  vessels  of  glass  not  cut,  and  all  glass  not  otherwise 
provided  for;  glue;  grass  cloth  ;  green  turtle  ;  gum  benzoin 
or  benjamin  ;  guns,  except  muskets  and  rifles,  fire-arms,  and 
all  parts  thereof  not  intended  for  military  purposes  ;  gunny 
cloth  ajid  India  baggings,  and  India  mattings  of  all  sorts, 
not  otherwise  provided  for. 

Ilair,  curled,  moss,  seaweed,  and  all  other  vegetable  sub- 
stances used  for  beds  or  mattresses ;  hair  pencils ;  hat  bodies 
of  cotton  or  wool ;  bats  and  bonnets,  for  men,  women  and 
children,  composed  of  straw,  satin-straw,  chip,  grass,  palm- 
leaf,  willow,  or  any  other  vegetable  substance,  or  of  hair, 


54 

whalebone,  or  other  materials,  not  otherwise  provided  for ; 
hatter's  plush,  of  whatever  material  composed ;  honey. 

Ink  and  ink  powder ;  ipecacuanha ;  iridium  ;  iris  or  orris 
root ;  iron  castings  ;  iron  liquor  ;  iron  in  bars,  bolts,  rods, 
slabs,  and  railroad  rails,  spikes,  fishing  plates  and  chairs 
used  in  constructing  railroads  ;   ivory  black. 

Jalap ;  japanned  ware  of  all  kinds  not  otherwise  provided 
for ;  jet,  and  manufactures  of  jet,  and  imitations  thereof; 
jewehy,  or  imitations  thereof;  juniper  berries. 

Laces  of  cotton,  of  thread,  or  other  materials  not  other- 
wise provided  for ;  lampblack ;  lastings,  cut  in  strips  or 
other  patterns,  of  the  size  or  shape  for  shoes,  boots,  bootees, 
slippers,  gaiters  or  buttons,  of  whatever  material  composed ; 
lead  pencils;  leaden  pipes;  leather,  japanned;  leeches; 
linens  of  all  kinds;  liquorice,  paste,  juice  or  root ;   litharge. 

Maccaroni,  vermicelli,  gelatine,  jellies,  and  all  other  sim- 
ilar preparations  not  otherwise  provided  for ;  machinery  of 
every  description  not  otherwise  provided  for ;  malt ;  mag- 
nesia ;  manganese ;  manna  ;  manufactures  of  the  bark  of 
the  cork  tree ;  manufactures  of  silk  ;  manufactures  of  wool 
of  all  kinds,  or  worsted,  not  otherAvise  provided  for  ;  manu- 
factures of  hair  of  all  kinds  not  otherwise  provided  for  ; 
manufactures  of  cotton  of  all  kinds  not  otherwise  provided 
for ;  manufactures  of  flax  of  all  kinds  not  otherwise  provi- 
ded for  ;  manufactures  of  hemp  of  all  kinds  not  otherwise 
provided  for ;  manufactures  of  bone,  shell,  horn,  pearl,  ivory, 
or  vegetable  ivory,  not  otherwise  provided  for;  manufac- 
tures, articles,  vessels  and  wares,  not  otherwise  provided  for, 
of  brass,  copper,  iron,  steel,  lead,  pewter,  tin,  or  of  which 
either  of  these  metals  shall  be  a  component  part ;  manufac- 
tures, articles,  vessels  and  wares  of  glass,  or  of  which  glass 
shall  be  a  component  material,  not  otherwise  provided  for  ; 
manufactures  and  articles  of  leather,  or  of  which  leather 
shall  be  a  component  part,  not  otherwise  provided  for ;  man- 
ufactures and  articles  of  marble  ;  marble  paving  tiles,  and 
all  other  marble  more  advanced  in  manufacture  than  in  slabs 
or  blocks  in  the  rough  not  otherwise  provided  for ;  manu- 
factures of  paper,  or  of  which  paper  is  a  component  mate- 
rial, not  otherwise  provided  for ;  manufactures  of  wood,  or 
of  which  wood  is  a  component  part,  not  otherwise  provided 
for  ;  matting,  china  or  other  floor  matting,  and  mats  made 
of  flags,  jute,  or  grass;  medicinal  preparations,  drugs,  roots 
and  leaves  in  a  crude  state,  not  otherwise  provided  for ; 
morphine ;  metallic  pens ;  mineral  waters ;  musical  instru- 
ments of  all  kinds,  and  strings  for  musical  instruments,  of 


55 

wliip-gut,  cat-gut,  and  all  other  strings  of  the  same  ma:o- 
rial ;  mustard  in  bulk  or  in  bottles  ;  mustard  seed. 

Needles  of  all  kinds,  for  sewing,  darning  and  knitting; 
nitrate  of  lead. 

Ochres  and  ochrey  earths  ;  oil-cloths  of  every  description, 
of  whatever  material  composed;  oils  of  every  descrij^tion, 
animal,  vegetable  and  mineral,  not  otherwise  provided  for ; 
olives;  opium;  orange  and  lemon  peel;  osier  or  willow, 
prepared  for  basket-makers'  use. 

Paints,  dry  or  ground  in  oil,  not  otherwise  provided  for; 
paper,  antiquarian,  demy,  drawing,  elophant.  foolscap,  impe- 
rial, letter,  and  for  printing  newspapers,  hand-bills  and  other 
printing,  and  all  other  paper,  not  otherwise  provided  for ; 
paper  boxes,  and  all  other  fancy  b:xes;  paper  envelopes ; 
paper  hangings,  paper  for  walls,  and  paper  for  screens  or 
fire-boards  ;  parchment ;  parasols  and  sun-shades,  and  um- 
brellas ;  patent  mordant;  paving  and  roofing  tiles,  and 
bricks,  and  roofing  slates,  and  fire-brick;  periodicals  and 
other  works,  in  course  of  printing  and  re- publication  in  the 
Confederate  States;  pitch;  plaster  of  paris,  calcined  ;  plum- 
bago ;  potassium ;  putty. 

Quicksilver;  quills;  quasia,  manufactured  or  unmauufao- 
tured. 

Eed  chalk  pencils  ;  rhubarb  ;  roman  cement. 

Saddlery  of  all  kinds,  not  otherwise  provided  for ;  saffron 
and  saffron  cake ;  sago ;  salts,  epsom,  glauber,  rochelle,  and 
all  other  salts  and  preparations  of  salts  not  otherwise  pro- 
vided for;  sarsaparilla ;  screws  of  all  kinds;  sealing  wax; 
seines;  seppia ;  sewing  silk,  in  the  gum  and  purified;  shad- 
docks; skins  of  all  kinds,  tanned,  dressed  or  japanned; 
slate  pencils ;  smaltz ;  soap  of  every  description  not  other- 
wise provided  for  ;  spirits  of  turpentine  ;  spunk  ;  squills  ; 
starch;  stereotype  plate;  still  bottoms;  sulphate  of  barytos, 
crude  or  refined;  sulphate  of  quinine,  and  ([uinine  in  all  its 
various  preparations. 

Tapioca;  tar;  textile  f^ibrics  of  every  description,  not 
otherwise  provided  for;  twine  and  pack  tliread,  of  Avhatever 
material  composed;  thread  lacings  and  insertings;  tj'pes, 
old  or  new,  and  type  metals. 

Umbrellas;  Vandyke  brown;  vanilla  beans;  varnish  ot  all 
kinds;  vellum;  Venetian  red;  velvet  in  the  piece,  compo-cd 
wholly  of  cotton,  or  of  cotton  and  silk,  but  of  which  cotton 


56 

is  the    component  material  of  chief  value ;  verdigris ;  Ver- 
million ;  vinegar. 

Wafers ;  water  colors ;  whalebone ;  white  and  retl  lead ; 
white  vitriol,  or  sulphate  of  zinc ;  whiting,  or  Paris  white ; 
window  glass,  broad,  crovm  or  cylinder;  woolen  and  worsted 
yarns,  and  woolen  listings ;  shot  of  lead,  not  otherwise  pro- 
vided for;  wheel-barrows  and  hand-barrows;  wagons  and 
vehicles  of  every  description,  or  parts  thereof. 


Schedule  D,  (ten  per  centum  ad  valorem.) 

Acids  of  every  description,  not  otherwise  provided  for ; 
alcornoque ;  aloes;  ambergris;  amber;  ammonia  and  sal 
ammonia ;  anatto,  roucon,  or  Orleans ;  angora  Thibit,  and 
other  goats'  hair,  or  mohair,  unmanufactured,  not  otherwise 
provided  for ;  annis-seed ;  antimony,  crude  or  regulus  of; 
argol,  or  crude  tartar;  arsenic;  ashes,  pot,  pearl  and  soda; 
asphaltum ;  assafoetida. 

Bananas,  cocoa  nuts,  pine  apples,  plantains,  oranges,  and 
all  other  AYest  India  fruits  in  their  natural  state ;  barilla ; 
bark  of  all  other  kinds,  not  otherAvrse  provided  for;  bark, 
Peruvian;  bark,  guilla;  bismuth;  bitter  apples ;  bleaching 
powder  of  chloride  of  lime ;  bones,  burnt ;  boards,  planks., 
staves,  shingles,  laths ;  scantling,  and  all  other  sawed  lum- 
ber ;  also  spars  and  hewn  timber  of  all  sorts,  not  otherwise 
provided  for;  bone-black,  or  animal  carbon,  and  bc^ne-dust; 
bolting  cloths  ;  books,  printed,  magazines,  pamphlets,  peri- 
odicals, and  illustrated  newspajpers,  bound  or  unbound,  not 
otherwise  provided  for ;  books,  blank,  bound  or  unbound ; 
borate  of  lime ;  borax,  crude  or  tincal ;  borax,  refined ; 
bucliu  leaves;  box-wood,  unmanufactured;  Brazil  paste; 
Brazil  wood,  brazilotto,  and  all  dye-woods  in  sticks ;  bris- 
tles ;  bronze  and  Dutch  metal  in  leaf,  bronze  liquor  and 
})ronze  powder;  building  stones;  butter;  burr  stones, 
wrought  or  unwrought. 

Cabinets  of  coins,  medals,  gems,  and  collection  of  anti- 
quities;  camphor,  crude;  eantharides ;  cassia  and  cassia 
buds;  chalk;  cheese;  chickory  root;  chronometers,  box  or 
ship,  and  parts  thereof;  clay,  burnt  or  unburnt  bricks,  pav- 
ing and  roofing  tiles,  gas  retorts,  and  roofing  slates ;  coal, 
coke  and  culm  of  coal;  cochineal;  cocoa  nuts,  cocoa  and 
cocoa  shells ;  coculus  indicus  ;  coir  tarn  ;  cedilla,  or  tow  of 
hemp  or  ilax ;,  cowhade  down ;  cream  of  tartar ;  cudbear. 


57 

Diamonds,  cameos,  mosaics,  gems,  pearls,  rubies,  and 
other  precious  stones,  and  imitations  thereof,  when  set  in 
gold  or  silver,  or  other  metal ;  diamond  glaziers,  set  or  not 
set ;   dragon's  blood. 

Engravings,  bound  or  unbound;  extract  of  indigo,  ex- 
tracts and  decoctions  of  log-wood  and  other  dje-AVOod,  not 
otherwise  provided  for;  extract  of  madder ;  ergot. 

Flax,  unmanufactured;  flaxseed  and  linseed;  flints  and 
flint  ground;  flocks,  Avaste  or  shoddy ;  French  chalk ;  furs, 
hatters',  dressed  or  undressed,  not  on  the  skin ;  furs,  un- 
dressed, when  on  the  skin. 

Glass,  when  old  and  fit  only  to  be  re-manufactured ;  gam- 
boge ;  gold  and  silver  leaf;  gold-beaters'  skin;  grindstones; 
giinis — Arabic,  Barbar}^  copal,  East  Indies,  Senegal,  sub- 
stitute, tragacanth,  and  all  other  gums  and  resins,  in  a  crude 
state,  not  otherwise  provided  for. 

Hair,  of  all  kinds,  uncleansed  and  unmanuf;\ctured;  hemp, 
unmanufactured;  hemp  seed,  and  rape  seed;  hops,  horns, 
horn-tips,  bone,  bone-tips,  and  teeth,  unmanufactured. 

Ivory,  unmanufactured,  ivory  nuts,  or  vegetable  ivory. 

Jute,  sisal  grass,  coir,  and  other  vegetable  substances, 
unmanufactured,  not  ^otherwise  provided  for. 

Kelp ;  kermes. 

Lac  spirits,  lac  sulphur,  and  lac  dye ;  leather,  tanned, 
band  sole,  and  upper  of  all  kinds,  not  otherwise  provided 
for  ;  lemons  and  limes,  and  lemon  and  lime  juice,  and  juices 
of  all  other  fruits  Avithout  sugar ;  lime. 

Madder,  ground  or  prepared;  madder  root;  marble,  in  the 
rough  slab  or  block,  unmanufactured;  metals,  unmanufac- 
tured, not  otherwise  provided  for;  mineral  kermes;  mineral 
and  bituminous  substances  in  a  crude  state,  not  otherwise 
provided  for ;  moss,  Iceland ;  music,  printed  Avith  lines, 
bound  or  unbound. 

Natron;  nickel;  nuts,  not  otherwise  provided  for;  nut 
galls ;  nux  vomica. 

Oakum;   oranges,  lemons,  and  limes,  orpiment. 

Palm  loaf,  unmanufactured ;  pearl,  mother  of;  pineap- 
ples; jdantains  ;  platina,  unmanufactured;  polishing  stones; 
potatoes;   prussian  blue;   pumice  and  pumice  stone. 

Rattans  and  reeds,  unmanufactured  ;  red  chalk ;  rotten 
stone. 

SaflloAver;  sal  soda,  and  all  carbonates  and  sulphates  of 
soda,  by  AvhatcA'cr  names  designated,  not  otherAvise  provided 


58 

for ;  seedlac ;  sliellac ;  silk,  raw,  not  more  advanced  in  manu- 
facture tlian  singles,  tram  and  thrown,  or  organzine  ;  sponges; 
steel,  in  bars,  sheets  and  plates,  not  further  advanced  in 
manufacture  than  by  rolling,  and  cast  steel  in  bars ;  sumac ; 
sulphur,  flour  of. 

Tallow,  marrow,  and  all  other  grease  or  soap  stock  and 
soap  stuffs,  not  otherwise  provided  for. 

Tea ;  terne  tin,  in  plates  or  sheets ;  teazle,  terrea  japoni- 
ca,  catechu ;  tin,  in  plates  or  sheets,  and  tin  foil ;  tortoise 
and  other  shells,  unmanufactured;  trees,  shrubs,  bulbs, 
plants  and  roots,  not  otherwise  provided  for:  turmeric. 

Watches  and  parts  of  watches ;  woad  or  pastell ;  woods, 
viz :  cedar,  box,  ebony,  lignum-vitie,  granadilla,  mahogany, 
rose-ATOod,  satin-wood,  and  all  other  woods,  unmanufactured. 

Iron  ore,  and  iron  in  bloom,  loops  and  pigs. 

Maps  and  charts. 

Paintings  and  statuary  not  otherwise  provided  for. 

Wool,  manufactured,  of  every  description,  and  hair  of 
the  Alpaca  goat  and  other  like  animals. 

Specimens  of  natural  history,  mineralogy,  or  botany,  not 
otherwise  provided  for. 

Yams. 

Leaf  and  unmanufactured  tobacco. 

Schedule  E.  (five  per  centum  ad  valorem.) 

Articles  used  in  dyeing  and  tanning  not  otherwise  pro- 
vided for. 

Brass,  in  bars  or  pigs,  old  and  fit  only  to  be  re-manufac- 
tured ;  bells,  old ;  bell  metal. 

Copper,  in  pigs  or  bars ;  copper  ore ;  copper,  when  old 
and  fit  only  to  be  re-manufactured ;   cutch. 

Diamonds,  cameos,  mosaics,  pearl,  gems,  rubies,  and  other 
precious  stones,  and  imitations  thereof,  when  not  set. 

Emery,  in  lump  or  pulverized. 

Felt,  adhesive,  for  sheathing  vessels ;  Fuller's  earth. 

Gums  of  all  sorts  not  otherwise  provided  for;  gutta  per- 
cha,  unmanufactured. 

Indigo ;  India  rubber,  in  bottle,  slabs  or  sheets,  unmanu- 
factured ;   India  rubber,  milk  of. 

Junk,  old. 

Plaster  of  Paris  or  sulphate  of  lime,  ground  or  unground; 
raw  hides  and  skins  of  all  kind  undressed. 


59 


Sheathing  copper— hut  no  copper  to  he  considered  as  such, 
except  in  sheets  forty-eight  inches  long  and  fourteen  inches 
^v-ide  and  Aveighing  from  eleven  to  thirty-four  ounces ;  shea- 
thing or  yellow  metal  not  wholly  or  part  of  iron  ;  sheathing 
or  yellow  metal;  nails  expressly  for  sheathing  vessels; 
sheathing  paper ;  stave  holts  and  shmglc  holts. 

Tin  ore,  and  tin  in  pigs  or  hars  ;  type,  old  and  fit  only  to 
he  remanufactured. 

Wold. 

Zinc,  spelter,  or  tcntenegue,  unmanufactured. 

Schedule  F.  (Specific  Duties.) 

Ice— one  dollar  and  fifty  cents  per  ton. 
Salt— ground,  hlown,  or  rock— two  cents  per  1)ushel,  of 
fifty  s-ix  pounds  per  hushel. 

Schedule  G.  (Exempt  from  Duty.) 

Books,  maps,  charts,  mathematical  and  nautical  instru- 
ments, philosophical  apparatus,  and  all  other  articles  what- 
^eJ,  imported Vor  the  use  of  the  Confederate  States;  hooks, 
pamphlets,  periodicals,  and  tracts,  published  by  rrhgious  as- 
sociations. 

All  philosophical  apparatus,  instruments,  hooks  maps  and 
charts  statues,  statuary,  busts  and  casts,  of  marble,  bronze, 
alabaster,  or  plaster  of  paris;  paintings  and  drawings; 
etchings;  specimens  of  sculpture  ;  oabinets  of  coins  ;  med- 
als  gems,  and  all  collections  of  antiquities  ;  Provided  The 
same  be  specially  imported  in  good  faith  for  the  use  of  any 
society  incorporated  or  established  for  philosophical  and  lite- 
rary purposes  or  for  the  encouragement  of  the  fine  arts,  oi 
for  the  use  or  by  the  order  of  any  church,  college,  academy, 
school  or  seminary  of  learning  in  the  Confederate  States. 
Bullion,  gold  and  silver. 

Coins,  gold,  silver  and  copper;  ofTee;  cotton;  copper, 
^•hen  imported  for  the  mint  of  the  Confederate  States. 

Garden  seeds,  and  all  other  seeds  for  agricultural  and  hor- 
ticultural  purposes ;  goo.ls,  wares  and  merchandise  the 
growth,  produce  or  manufacture  of  the  Contc  crate  States, 
exported  to  a  foreign  country  and  brought  back  to  the  Con- 
federate States  in  the  same  condition  as  when  ei'^povted,  up- 
on  which  no  drawback  has  been  allowed:  Provided,   Ihat  all 


60 


fl 


regulations  to  ascertain  the  identity  thereof,  prescribed  by 
existnv^^hiAvs,  or  which  may  be  prescribed  by  the  Secretary 
of  the  Ireasiiry  shall  be  complied  with.  Guano,  manures, 
and  fertilizers  of  all  sorts. 

Household  effects,  old  and  in  use,  of  persons  or  families 
irom  foreign  countries,  if  used  abroad  by  them,  and  not  in- 
tended  ior  any  other  purpose  or  purposes,  or  for  sale. 

Models  of  inventions  or  other  improvements  in  the  arts  • 
Provided,  That  no  article  or  articles  shall  be  deemed  a  model 
which  can  be  fitted  for  use. 

Paving  stones  ;  personal  and  household  effects,  not  mer- 
chandise, of  citizens  of  the  Confederate  States  dying  abroad. 
_  Specimens  of  natural  history,  mineralogy,  or  botany;  pro- 
vided  the  same  be  imported  in  good  f\iith  for  the  use  of  any 
society  incorporated  or  established  for  philosophical,  acrri- 
cu  tural  or  horticultural  purposes,  or  for  the  use  or  by°the 
order  of  any  college,  academy,  school  or  seminary  of  learn- 
ing in  the  Confederate  States. 

Wearing  apparel,  and  other  personal  effects  not  merchan- 
dise; professional  books,  implements,  instruments,  and  tools 
ot  trades,  occupation  or  employment,  of  persons  arriving  in 
the  Confederate  States  :  Provided,  That  this  exemption  shall 
not  be  construed  to  include  machinery,  or  other  articles  im- 
ported for  use  in  any  manufacturing  establishment,  or  for 
sale. 

Bacon,  pork,  hams,  lard,  beef,  wheat,  flour  and  bran  of 
wheat  flour  and  bran  of  all  other  grains,  Indian  corn  and 
meai,  barley,  rye,  oats  and  oat  meal,  and  living  animals  of 
all  kinds,  not  otherAvise  provided  for;  also  all  agricultural 
productions,  including  those  of  the  orchard  and  garden  in 
tlieir  natural  state,  not  otherwise  provided  for. 

Gunpowder,  and  all  the  materials  of  which  it  is  made. 

Lead,  in  pigs  or  in  bars,  in  shot  or  balls,  for  cannon, 
muskets,  rifles  or  pistols. 

Rags,  of  whatever  material  composed. 

Arms  of  every  description,  for  military  purposes,  and 
parts  thereof,  munitions  of  war,  military  accoutrements,  and 
percussion  caps. 

Ships  steamers,  barges,  dredging  vessels,  machinery, 
screw  pile  jetties,  and  articles  to  be  used  in  the  construction 
ot  harbors,  and  for  dredging  and  improving  the  same 


61 

Sec.  2.  And  be  it  further  enacted,  That  tlicro  t^hall  be  levi- 
ed, collected  and  paid  on  each  and  every  non-enumerated 
article  -which  bears  a  similitude,  cither  in  material,  quality, 
texture,  or  the  uses  to  which  it  may  be  apj^lied,  to  any  enu- 
merated article  chargeable  with  duty,  the  same  rate  of  duty 
which  is  levied  and  charged  on  the  enumerated  article  by  the 
foregoing  schedules,  which  it  most  resembles  in  any  of  the 
particulars  before  mentioned;  and  if  any  non-enumerated 
article  equally  resembles  two  or  more  enumerated  articles 
on  which  different  rates  of  duty  are  chargeable,  there  shall 
be  levied,  collected  and  paid  on  such  uon-cnumcrated  article 
the  same  rate  of  duty  as  is  chargeable  on  the  article  which 
it  resembles,  paying  the  highest  duty  :  Provided,  That 
on  all  articles  manufactured  from  two  or  more  materials, 
the  duty  shall  be  assessed  at  the  highest  rates  at  which 
any  of  its  component  parts  may  be  chargeable :  Provided 
further.  That  on  all  articles  Avhich  arc  not  enumerated  in  the 
foregoing  schedules  and  cannot  be  classified  under  this  sec- 
tion, a  duty  of  ten  per  cent,  ad  valorem  shall  be  charged. 

Sec.  3.  A7id  be  it  further  enacted.  That  all  goods,  wares 
and  merchandise  which  may  be  in  the  public  stores  as  un- 
claimed, or  in  warehouse  under  warehousing  bonds,  on  the 
31st  day  of  August  next,  shall  be  suliject,  on  entry  thereof 
for  consumption,  to  such  duty  as  if  the  same  had  been  im- 
ported, respectively  after  that  date. 

Sec.  4.  And  be  it  further  enacted,  That  on  the  entry  of  any 

goods,  Avares  or  merchandise,  imported  on  or  afrer  the  31st 

day  of  August  aforesaid,  the  decision  of  the  collector  of  the 

customs  at  the  port   of  importation  and  entry,   as   to  their 

liability  to  duty  or  exemption  therefrom,   shall  be  final  and 

conclusive   against  the  owner,  importer,  consignee  or  agent 

of  any   such    goods,    wares    and    merchandise,    unless    the 

owner,  importer,  consignee  or  agent  shall,  within  ten  days 

after  such   entry,  give  notice  to  the  collector,  in  writing,  of 

ihis  dissatisfaction  with  such  decision,  setting  forth  therein 

distinctly  and  specially  his  ground  of  objection  thereto,  and 

■'    '1.  within  thirty  days  after  the  date  of  such  decision,  appeal 

•from  to  the  Secretary  of  the  Treasury,  whose  decision 

lu'h  appeal  shall   be  final  and  conclusive;   and  the  said 

1-,  wares  and  merchandise  shall  be  liable  to  duty  or  ex- 

t  ion  therefrom  accordingly,  any  act  of  Congress  to  the 

lary  notwithstanding,  unless  suit  shall  be  brought  with- 

lirty  days  after  such  decision,  for  any  duties   that  may 

■  l)een  paid,  or  may  thereafter  be  paid  on  said   goods,  or 

in   thirty  days  after  the  duties  shall  have  been  paid  iu 

s  wdicre  such  goods  shall  be  in  bond. 


62 

Sec.  5.  And  be  it  further  enacted,  That  it  shall  be  lawful 
for  the  owner,  consignee,  or  agent  of  imports  which  have 
been  actually  purchased  or  procured  otherwise  than  by  pur-' 
chase,  on  entry  of  the  same,  to  make  such  addition  in  the 
entry  to  the  cost  or  value  given  in  the  invoice  as,  in  his 
opinion,  may  raise  the  same  to  the  true  market  value  of 
such  imports  in  the  principal  markets  of  the  country  whence 
the  importations  shall  have  been  made,  and  to  add  thereto 
all  costs  and  charges  which,  under  existing  laws,  would  form 
part  of  the  true  value  at  the  port  where  the  same  may  be  en- 
tered, upon  which  the  duty  should  be  assessed.  And  it  shall 
be  the  duty  of  the  collector  within  whose  district  the  same 
may  be  imported  or  entered,  to  cause  the  dutiable  value  of 
such  imports  to  be  appraised,  estimated  and  ascertained,  in 
accordance  with  the  provisions  of  existing  laws ;  and  if  the 
appraised  value  thereof  shall  exceed  by  ten  per  centum,  or 
more,  the  value  so  declared  on  entry,  then  in  addition  to  the 
duties  imposed  by  law  on  the  same,  there  shall  be  levied,  col- 
lected and  paid  a  duty  of  twenty  per  centum  ad  valorem,  on 
such  appraised  value :  Provided,  nevertheless,  That  under  no 
circumstances  shall  the  duty  be  assessed  upon  an  amount 
less  than  the  invoice  or  entered  value,  any  law  of  Congress 
to  the  contrary  notwithstanding. 

Sec.  6.  Ayid  be  it  further  enacted,  That  so  much  of  all  acts 
or  parts  of  acts  as  may  be  inconsistent  with  the  provisions  of 
this  act,  shall  be  and  the  same  are  hereby  repealed. 

Approved  May  21,  1861. 


No.  163.]  AN  ACT 

To  define  with  more  certainty  the  meaning  of  an  Act  enti- 
tled "  An  Act  to  fix  the  duties  on  articles  therein  named," 
approved  March  the  fifteenth,  eighteen  hundred  and  sixty- 
one. 

Section  1.  Tlie  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact.  That  the  above  recited  act  shall  be  so  construed 
as  to  embrace  all  railroad  rails,  spikes,  fishing  plates  and 
chairs,  used  in  the  construction  of  railroads,  which  were  im- 
ported and  were  in  bond  at  the  date  of  its  passage. 

Sec  2.  Be  it  further  eriacted,  That  the  Secretary  of  the 
Treasury  is  hereby  directed  to  refund  to  such  railroad  com- 


63 


panies  a?  have,  since  the  passage  of  said  act,  paid  on  an}-  of 
the  above  enumerated  articles  imported  as  aforesaid  a  great- 
er rate  of  duty  than  is  prescribed  by  said  act,  the  amount 
over  and  above  said  rate. 

Approved  May  21,  1861. 


No.  1G4.]  A  RESOLUTION 

Rescinding  a  Resolution  providing  for  a  Digest  of  Laws, 
approved  March  twelfth,  eighteen  hundred  and  sixty- 
one. 

1.  B(  solved  by  the  Congj-ess  of  the  Confederate  States  of 
America,  That  the  resolution  approved  March  twelfth,  eigh- 
teen hundred  and  sixty-one,  providing  for  a  digest  of  laws, 
be  and  the  same  is  hereby  rescinded. 

2.  Besolved,  That  W.  P.  Chilton  and  John  Hemphill, 
committee  of  this  Congress  appointed  under  the  resolution 
rescinded,  be  allowed  eight  dollars  per  day  for  their  attend- 
ance as  said  committee  during  the  recess  of  Congress,  to  bo 
ascertained  and  paid  at  the  per  diem  of  members  of  Con- 
gress in  session. 

3.  Resolved,  That  the  committee  aforesaid  be  and  they  are 
hereby  recjuired  to  deposit  in  the  office  of  the  Attorney 
General  the  digest,  so  far  as  it  has  progressed,  with  the  ma- 
terials collected  by  them,  with  a  statement  or  report  expla- 
natory thereof. 

Approved  May  21,  1861. 


No.   166.]  AN  ACT 

To  establish  a  Patent  Office,  and  to  provide  for  the  Granting 
and  L^sue  of  Patents  for  New  and  Useful  Discoveries,  In- 
ventions, Improvements  and  Designs. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact.  That  there  shall  be  established  and  attached 
to  the  Department  of  Justice,  an  office  to  be  denominated 
the  Patent  Office,  the  chief  officer  of  which  shall  be  called 
the  Commissioner  of  Patents,  to  be  appointed  by  the  Presi- 
dent, by  and  with  the  consent  of  the  Congress,  whose  duty 
it  shall  be,  under  the  direction  of  the  Attorney  General,  to 


64 

superintend,  execute  and  perform  all  sucli  acts  and  things 
touching  and  respecting  the  issue  of  patents  for  new  and 
useful  discoveries,  inventions  and  improvements,  as  are 
herein  provided  for,  or  shall  hereafter  be  by  law  directed  to 
be  done  and  performed,  and  shall  have  the  charge  and  cus- 
tody of  all  books,  records,  papers,  models,  machines  and 
other  thino-s  belonffins;  to  said  office. 

Sec.  2.  Be  it  further  enacted,  That  there  shall  be  in  said 
office  an  inferior  officer,  to  be  appointed  by  said  commis- 
sioner, Avith  the  approval  of  the  Attorney  General,  to  be 
called  the  chief  clerk  of  the  patent  office,  who  in  all  cases 
during  the  absence  of  the  commissioner,  or  when  the  said 
principal  office  shall  become  vacant,  shall  have  the  charge 
and  custody  of  the  seal  and  of  the  records,  books,  papers, 
machines,  models,  and  all  other  things  belonging  to  the  said 
office,  and  shall  perform  the  duties  of  the  commissioner 
during  such  vacancy.  And  the  said  commissioner  may  also, 
with  like  approval,  appoint  such  examiners  of  patents  and 
other  clerks  as  may  be  necessary.  And  said  commissioner, 
and  every  other  person  appointed  and  employed  in  said 
office,  shall  be  disqualified  or  interdicted  from  acquiring  or 
taking,  except  by  inheritance,  during  the  period  for  which 
they  shall  hold  their  appointments  respectively,  any  right 
or  interest,  directly  or  indirectly,  in  any  patent  for  an  in- 
vention or  discover}^  which  has  been  or  may  hereafter  be 
granted.  And  said  commissioner,  and  all  others  employed 
in  said  office,  shall  receive  a  compensation  to  be  ascertained 
and  fixed  by  law. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  principal 
officer,  and  every  other  person  to  be  appointed  in  said  office, 
shall,  before  he  enters  upon  the  duties  of  his  office  or  ap- 
pointment, make  oath  or  affirmation  truly  and  faithfully  to 
execute  the  trust  committed  to  him.  And  the  said  commis- 
sioner and  chief  clerk  shall  also,  before  entering  upon  their 
duties,  severally  give  bonds,  with  sureties,  to  the  Treasurer 
of  the  Confederate  States,  the  former  in  the  sum  of  ten 
thousand  dollars,  and  the  latter  in  the  sum  of  five  thousand 
dollars,  with  condition  to  render  a  true  and  faithful  account 
to  him  or  his  successor  in  office,  quarterly,  of  all  moneys 
which  shall  be  by  them  respectively  received  for  duties  on 
patents,  and  for  copies  of  records  and  drawings,  and  all 
other  moneys  received  by  virtue  of  said  office. 

Sec.  4.  And  he  it  further  enacted,  That  the  said  commis- 
sioner shall  cause  a  seal  to  be  made  and  provided  for  the 
said  office,  with  such  device  as  the  President  of  the  Confed- 


crats  States  sliall  approve ;  and  copies  of  any  records,  books, 
papers  or  draAvings  belonging  to  the  said  office,  under  the 
signature  of  said  commissioner,  or  when  the  office  shall  be 
vacant,  under  the  signature  of  the  chief  clerk,  Avith  the  said 
seal  affixed,  sliall  be  competent  evidence  in  all  cases  in 
-which  the  original  records,  books,  papers  or  drawings  could 
be  evidence.  And  any  person  making  application  therefor, 
may  have  certified  copies  of  tlie  records,  draAvings  and  other 
papers  deposited  in  the  said  office,  on  paying  for  the  AA'ritten 
copies  the  sum  of  ten  cents  for  every  page  of  one  hundred 
Avords,  and  for  copies  of  draAvings,  the  reasonable  expenses 
of  making  the  same. 

Sec.  5.  And  be  it  further  enacted,  That  all  patents  issuing 
from  the  said  office  shall  be  issued  in  the  name  of  the  Con- 
federate States,  and  under  seal  of  said  office,  and  be  signed 
by  the  Attorney  General,  and  countersigned  by  the  com- 
missioner of  said  office,  and  shall  be  recorded,  together  AA-ith 
the  descriptions,  specifications  and  draAvings,  in  the  said 
office,  in  books  to  be  kept  for  that  purpose.  Ever}'-  patent 
shall  contain  a  short  description  or  title  of  the  invention  or 
discovery,  correctly  indicating  its  nature  and  design,  and  in 
its  terms  grant  to  the  applicant  or  applicants,  his  or  their 
heirs,  administrators,  executors  or  assigns,  for  a  term  of  not 
exceeding  fourteen  years,  the  full  and  exclusive  right  and 
liberty  of  making,  using  and  vending  to  others  to  be  used, 
the  said  inA^ontion  or  discovery,  referring  to  the  specifications 
fcr  the  particulars  thereof,  a  copy  of  Avhieh  sliall  bo  annexed 
to  the  patent,  specifying  AA"hat  the  patentee  claims  as  his 
invention  or  discovery. 

Sec  6.  And  he  itfurtJier  enacted.  That  any  person  or  per- 
sons having  discovered  or  invented  any  new  and  useful  art, 
machine,  manufacture,  or  composition  of  matter,  or  any  iicav 
and  useful  improvement  on  any  art,  machine,  manufacture, 
or  composition  of  matter,  not  knoAvn  or  used  by  others  be- 
fore his  or  their  discovery  or  invention  thereof,  and  not  at 
the  time  of  his  application  for  a  patent  in  public  use  or  for 
sale,  Avith  his  consent  or  alloAvance,  as  the  inventor  or  dis- 
coverer, and  shall  desire  to  obtain  an  exclusive  property 
therein,  may  make  application  in  A\riting  to  the  commis- 
sioner of  patents,  expressing  such  desire;  and  the  commis- 
sioner, on  due  proceedings  had,  may  grant  a  patent  therefor. 
But  before  any  inventor  shall  receive  a  patent  for  any  such 
ncAv  invention  or  discovery,  he  shall  deliver  a  Avritten  de- 
scription of  his  invention  or  discovery,  and  of  the  manner 
15 


66 

and  process  of  making',  constructing,  using  and  compound- 
ing the  same,  in  such  full,  clear,  and  exact  terms,  avoiding 
unnecessary  prolixity,  as  to  enable  any  person  skilled  in  the 
art  or  science  to  which  it  appertains,  or  with  which  it  is 
most  nearly  connected,  to  make,  construct,  compound  and 
use  the  same ;  and  in  case  of  any  machine,  he  shall  fully 
explain  the  principle,  and  the  several  modes  in  which  he  has 
contemplated  the  application  of  that  principle  or  character 
by  which  it  may  be  distinguished  from  other  inventions ; 
and  shall  particularly  specify  and  point  out  the  part,  im- 
provement, or  combination  which  he  claims  as  his  own  in- 
vention or  discovery.  He  shall,  furthermore,  accompany 
the  whole  with  a  draAving  or  drawings,  and  written  refer- 
ences, Avhere  the  nature  of  the  case  admits  of  drawings ;  or 
with  specimens  of  ingredients,  and  of  the  composition  of 
matter,  sufficient  in  quantity  for  the  purpose  of  experiment, 
where  the  invention  or  discovery  is  of  a  composition  of 
matter;  Avhich  descriptions  and  drawings,  signed  by  the  in- 
ventor, and  attested  by  two  witnesses,  shall  be  filed  in  the 
Patent  Office  ;  and  he  shall  moreover  furnish  a  model  of  his 
invention,  in  all  cases  which  admit  of  a  representation  by 
model,  of  a  convenient  size  to  exhibit  advantageously  its 
several  parts.  The  applicant  shall  make  oath  or  affirmation 
that  he  does  verily  believe  that  he  is  the  original  and  first 
inventor  or  discoverer  of  the  art,  machine,  composition,  or 
improvement,  for  which  he  solicits  a  patent ;  and  that  he 
does  not  know  or  believe  that  the  same  was  ever  before 
known  or  used ;  and  also  of  what  country  he  is  a  citizen ; 
which  oath  or  affirmation  may  be  made  before  any  person 
authorized  by  law  to  administer  oaths. 

Sec,  7.  And  be  it  further  enacted,  That  on  the  filing  of 
any  such  application,  description  and  specification,  and  the 
payment  of  the  duty  hereinafter  provided,  the  commissioner 
shall  make,  or  cause  to  be  made,  an  examination  of  the  al- 
leged new  invention  or  discovery,  and  if,  on  any  such  ex- 
amination, it  shall  not  appear  to  the  commissioner  that  the 
same  had  been  invented  or  discovered  by  any  other  person 
in  this  country,  prior  to  the  alleged  invention  or  discovery 
thereof  by  the  applicant,  or  that  it  had  been  patented  or  de- 
scribed in  any  printed  publication,  in  this  or  in  any  foreign 
country,  or  had  been  in  ^public  use  or  on  sale,  with  the  ap- 
plicant's consent  or  allowance,  prior  to  the  application,  if  the 
commissioner  shall  deem  it  to  be  sufficiently  useful  and  im- 
portant, it  shall  be  his  duty  to  issue  a  patent  therefor.  But 
whenever,  on  such  examination,  it  shall  appear  to  the  com- 


67 

missionci*  that  the  applicant  was  not  the  original  antl  first 
inventor  or  discoverer  thereof,  or  that  any  part  of  that 
which  is  claimed  as  new  had  before  been  invented  or  discov- 
ered, or  patenteil  or  described  in  any  printed  pnl)lioation  in 
this  or  any  foreign  country  as  aforesaid,  or  that  the  descrip- 
tion is  defective  and  insufficient,  he  shall  notify  the  appli- 
cant thereof,  giving  him  briefly  such  information  and  refer- 
ences as  may  be  useful  in  judging  of  the  propriety  of  re- 
newing his  application,  or  of  altering  his  specification  tO' 
embrace  only  that  part  of  the  invention  or  discovery  which 
is  new.  But  if  the  applicant  in  such  case  shall  persist  in 
his  claim  for  a  patent,  Avith  or  without  any  alterations  of 
his  specifications,  he  shall  be  required  to  make  oath  or 
affirmation  anew,  in  manner  as  aforesaid ;  and  if  the  speci- 
fication and  claim  shall  not  have  been  so  modified  as  in  the 
opinion  of  the  commissioner  shall  entitle  the  applicant  to  a 
patent,  he  may,  on  appeal,  and  upon  request  in  writing,  have 
the  decision  of  the  Attorney  General,  who  shall  be  furnished 
with  a  certificate  in  writing,  with  the  opinion  and  decision 
of  the  commissioner,  stating  the  particular  grounds  of  his 
objection,  and  the  part  or  parts  of  the  invention  wliicli  he 
considers  as  not  entitled  to  be  patented,  and  the  Attorney 
General  shall  give  reasonable  notice  to  the  applicant,  as  well 
as  to  the  commissioner,  of  the  time  and  place  of  hearing 
such  appeal,  that  the}''  may  have  an  opportunity  of  furnish- 
ing him  with  such  facts  and  evidence  as  they  may  deeui  ne- 
cessary to  a  just  decision;  and  it  shall  be  the  duty  of  the 
commissioner  to  furnish  to  the  Attorney  General  such  in- 
formation as  he  may  possess,  relative  to  the  matter  under 
consideration.  And  on  an  examination  and  consideration 
of  the  matter  by  the  Attorney  General,  it  shall  be  in  his 
power  to  reverse  the  decision  of  the  commissioner,  cither  in 
whole  or  in  part;  and  his  opinion  being  certified  to  the  com- 
missioner, he  shall  be  governed  thereby  in  the  further  pro- 
ceedings to  be  had  on  such  application  :  Provkkd,  however, 
Tliat  before  an  appeal  shall  be  had  in  any  such  case  the  ap- 
plicant shall  pay  to  the  credit  of  the  treasury,  as  provided 
in  the  twenty-third  section  of  this  act,  the  sum  of  twenty- 
five  dollars. 

Sec.  8.  Aiid  be  it  further  enacted,  That  whenever  an  ap- 
plication shall  1)0  made  for  a  patent,  which  in  the  opinion  of 
the  commissioner  would  interfere  with  any  other  ])atent  for 
which  an  a|)|dicntion  maybe  pending,  or  with  any  unexpired 
patent  which  shall  have  been  granted,  it  shall  l)e  the  <luty 
of  the  commissioner  to  give  notice  thereof  to  such  applicants 


68 

or  patentees,  as  the  case  may  be ;  and  if  either  shall  be  dis- 
satisfied Avith  the  decision  of  the  commissioner  on  the  qnes- 
tion  of  j)riority  of  right  or  invention,  on  a  hearing  thereof, 
he  may  appeal  from  such  decision,  on  the  like  terms  and  con- 
ditions as  are  provided  in  the  preceding  section  of  this  act,  ■ 
and  the  like  proceedings  shall  be  had  to  determine  which  or 
"whether  either  of  the  applicants  is  entitled  to  receive  a 
patent  as  prayed  for.  But  nothing  in  this  act  contained 
shall  be  construed  to  deprive  an  original  and  true  inventor 
of  the  right  to  a  patent  for  his  invention  by  reason  of  his 
having  previously  taken  out  letters  patent  therefor  in  a 
foreign  country,  and  the  same  having  been  published  at  any 
time  within  six  months  next  preceding  the  filing  of  his  spe- 
cifications and  drawings.  And  whenever  the  applicant  shall 
request  it,  the  patent  shall  take  date  from  the  time  of  filing . 
of  the  specifications  and  drawings ;  not,  however,  exceeding 
six  months  prior  to  the  actual  issuing  of  the  patent;  and  on 
like  request,  and  the  payment  of  the  duty  herein  required, 
by  any  applicant,  his  specification  and  drawings  shall  be 
filed  in  the  secret  archives  of  the  ofiice,  until  he  shall  fur-  . 
nish  the  model  and  the  patent  be  issued,  not  exceeding  the 
term  of  two  years — the  applicant  being  entitled  to  notice  of 
interfering  application. 

Sec.  9.  And  be  it  further  enacted,  That  where  any  person 
liath  made  or  shall  have  made  any  new  invention,  discovery . 
or  improvement,  on  account  of  which  a  patent  might  by  vir- 
tue of  this  act  be  granted,  and  such  person  shall  die  before 
any  patent  shall  be  granted  therefor,  the  right  of  applying 
for  and  obtaining  such  patent  shall  devolve  on  the  executor 
or  administrator  of  such  person,  in  trust  for  the  heirs-at-law 
of  the  deceased,  in  case  he  shall  have  died  intestate,  but  if 
otherwise,  then  in  trust  for  his  devisees,  in  as  full  and  ample 
manner,  and  under  the  same  conditions,  limitations  and  re- 
strictions as  the  same  was  held  or  might  have  been  claimed 
or  enjoyed  by  such  person  in  his  or  her  lifetime ;  and  when 
application  for  a  patent  shall  be  made  by  such  legal  repre- 
sentatives, the  oath  or  affirmation  provided  in  the  sixth  sec- 
tion of  this  act  shall  be  so  varied  as  to  be  applicable  to 
them. 

Sec.  10.  And  he  it  further  enacted,  That  every  patent  shall 
be  assignable  in  law,  either  as  to  the  whole  interest  or  any 
undivided  part  thereof,  by  any  instrument  in  writing ;  which 
assignment,  and  also  every  grant  and  conveyance  of  the  ex- 
clusive right,  under  any  patent,   to  make  and  use    and  to 


69 

grant  to  others  to  make  and  use  the  thing  patented,  within 
and  throughout  any  specified  part  or  portion  of  the  Confed- 
erate States,  shall  be  recorded  in  the  patent  office  ■vvithiu 
three  months  from  the  execution  thereof. 

Sec.  11.  And  he  it  further  enacted,  That  any  person  who 
shall  have  invented  any  new  art,  machine,  or  improvement 
thereof,  and  shall  desire  further  time  to  mature  the  same, 
may,  on  paying  to  the  credit  of  the  treasury,  in  manner  as 
provided  in  the  twenty-third  section  of  this  act,  the  sum  of 
ten  dollars,  file  in  the  patent  office  a  caveat  setting  forth 
the  design  and  purpose  thereof,  and  its  principal  and  dis- 
tinguisliing  characteristics,  and  praying  protection  of  his 
right  till  he  shall  liavc  matured  his  invention.  And  such 
caveat  shall  be  filed  in  the  confidential  archives  of  the  office, 
and  preserved  in  secrecy.  And  if  application  shall  be  made 
by  any  other  person,  within  one  year  from  the  time  of  filing 
of  such  caveat,  for  a  patent  of  any  invention  with  which  it 
may  in  any  respect  interfere,  it  shall  be  the  duty  of  the 
Commissioner  to  deposit  tlic  description,  specifications, 
drawings  and  model  in  the  confidential  archives  of  the  office, 
and  to  give  notice  (by  mail)  to  the  person  filing  the  caveat 
of  such  application,  who  shall,  within  three  montJis  after  re- 
ceiving the  notice,  if  he  would  avail  himself  of  the  benefit 
of  his  caveat,  file  his  description,  specifications,  drawings 
and  model ;  and  if,  in  the  opinion  of  the  Commissioner,  the 
specifications  of  claim  interfere  with  each  other,  like  pro- 
ceedings may  be  had  in  all  respects  as  arc  in  this  act  pro- 
vided in  the  case  of  interfering  applications  :  Provided,  how- 
ever, That  no  opinion  or  decision  of  the  commissioner  or  ex- 
aminers, under  the  provisions  of  this  act,  shall  preclude  any 
persons  interested  in  favor  of  or  against  the  validity  of  any 
patent  which  has  been  or  may  hereafter  be  granted  from  the 
right  to  contest  the  same  in  any  judicial  court,  in  any  ac- 
tion in  which  its  validity  may  come  in  question. 

Sk.c.  12.  And  be  it  further  enacted,  That  whenever  any 
patent  which  has  heretofore  been  granted  or  which  shtill 
hereafter  be  granted  shall  be  inoperative  and  invalid,  by 
reason  of  a  defective  or  insufficient  description  or  specifica- 
tion, or  by  reason  of  the  patentee  claiming  in  his  specifica- 
tions as  his  own  invention  more  than  he  had  or  shall  have  a 
riglit  to  claim  as  new,  if  the  error  has  or  shall  have  arisen 
by  inadvertcnc}',  accident  or  mistake,  and  without  any  fraud- 
ulent or  deceptive  intention,  it  shall  be  lawful  for  the  com- 


70 

missioner,  upon  the  surrender  to  him  of  such  patent,  and] 
the  payment  of  the  further  duties  of  twenty  dollars,  to  cause  a  ^ 
new  patent  to  be  issued  to  its  head  inventor,  for  the  same 
invention,  for  the  residue  of  the  period  then  unexpired  for 
■which  the  original  patent  was  granted,  in  accordance  with 
the  patentee's  corrected  description  and  specification.  And 
in  case  of  his  death,  or  any  assignment  by  him  made  of  the 
original  patent,  a  similar  right  shall  vest  in  his  executors, 
administrators  or  assigns.  And  thepatent  so  reissued,  to- 
gether with  the  corrected  description  and  specifications,  shall' 
have  the  same  effect  and  operation  in  law,  on  the  trial  of  all 
actions  hereafter  commenced  for  causes  subsequently  accru- 
ing, as  though  the  same  had  been  originally  filed  in  such 
corrected  form  before  the  issuing  of  the  original  patent. 
And  in  all  cases  Avhere  any  new  improvement  of  the  origi- 
nal invention  or  discovery  may  have  been  invented  or  dis- 
covered by  the  original  patentee  subsequent  to  the  date  of 
his  patent,  for  which  a  patent  is  desired  by  him,  an  inde- 
pendent patent  for  such  improvement  or  discovery  may  be 
applied  for ;  and  no  annexing  to  such  original  patent  of  the 
description  and  specification  on  such  additional  improvement 
or  improvements  shall  be  allowed. 

Sec.  13.  And  he  it  further  enacted,  That  the  defendant  in 
any  such  action  shall  be  permitted  to  plead  the  general  issue, 
and  to  give  this  act  and  any  special  matter  in  evidence  of 
which  notice  in  writing  may  have  been  given  to  the  plaintiff 
or  his  attorney  thirty  days  before  trial,  tending  to  prove  that 
the  description  and  specification  filed  by  the  plaintiff  does 
not  contain  the  whole  truth  relative  to  his  invention  or  dis- 
covery, or  that  it  contains  more  than  is  necessary  to  produce 
the  described  effect ;  which  concealment  or  addition  shall 
fully  appear  to  have  been  made  for  the  purpose  of  deceiving 
the  public,  or  that  the  patentee  was  not  the  first  and  original 
inventor  or  discoverer  of  the  thing  patented,  or  of  a  sub- 
stantial and  material  part  thereof  claimed  as  new,  or  that 
it  has  been  described  in  some  public  work  anterior  to  the 
supposed  discovery  thereof  by  the  patentee,  or  had  been  in 
public  use  or  on  sale  with  the  consent  and  allowance  of  the 
patentee  before  his  application  for  a  patent,  or  that  he  had 
surreptitiously  or  unjustly  obtained  the  patent  for  that 
which  was  in  fact  invented  or  discovered  by  another,  who 
was  using  reasonable  diligence  in  adapting  and  perfecting 
the  same  ;  or  that  the  patentee,  if  an  alien  at  the  time  the 
patent  was  granted,  had  failed  and  neglected,  for  the  space 
of  eighteen  months  from  the  date  of  the  patent,  to  put  and 


71 

continue  on  sale  to  the  public,  on  reiisonablo  terms,  tlic  in- 
vention or  discovery  for  wliich  the  patent  Avas  issued  ;  and 
whenever  the  defendant  relies  in  his  defence  on  the  fact  of 
a  previous  invention,  knowledge  or  use  of  the  thing  patent- 
ed, he  shall  state  in  his  notice  of  special  matters  the  names 
and  places  of  residence  of  those  -whom  he  intends  to  prove 
to  have  possessed  a  prior  knoAvledge  of  the  thing,  and  Avliere 
the  same  had  been  used;  in  either  of  which  cases  judgment 
shall  be  rendered  for  the  defendant  with  costs  :  Frovidcd, 
Jwicevcr,  That  whenever  it  sliall  satisfactorily  appear  that 
the  patentee,  at  the  time  of  making  his  application  for  the 
patent,  believed  himself  to  be  the  first  inventor  or  discoverer 
•of  the  thing  patented,  the  same  shall  not  be  held  to  l)e  void 
on  account  of  the  invention  or  discovery,  or  any  part  there- 
of having  been  before  known  or  used  in  an}^  foreign  coun- 
try— it  not  appearing  that  the  same  or  any  substantial  part 
thereof  had  before  been  patented  or  described  in  any  printed 
publication  :  And  provided,  also.  That  whenever  the  plaintiff 
sliall  fail  to  sustain  his  action  on  the  ground  that  in  his  spe- 
cification or  chiim  is  embraced  more  than  that  of  which  he 
was  the  first  inventor,  if  it  shall  appear  that  the  defendant 
had  used  or  violated  any  part  of  the  invention  justly  and 
truly  specified  and  claimed  as  new,  it  shall  be  in  the  power 
of  the  court  to  adjudge  and  award,  as  to  costs,  as  may  ap- 
pear to  be  just  and  etjuitable. 

Sec.  14.  And  he  it  further  enacted,  That  -whenever  there 
shall  be  two  interfering  patents,  or  whenever  a  patent  or 
application  shall  have  been  refused  on  an  adverse  decision 
of  the  Attorney  General,  on  the  ground  that  that  patent  ap- 
plied for  would  interfere  with  an  unexpired  patent  previously 
granted,  any  person  interested  in  such  patent  either  by  as- 
signment or  otherwise  in  the  one  case,  and  any  such  appli- 
cant in  the  other  case  may  have  remedy  in  equity ;  and  the 
court  having  cognizance  thereof,  on  notice  to  adverse  par- 
ties, and  other  due  proceedings  had,  may  adjudge  and  declare 
cither  the  patents  void  in  the  whole  or  in  j>art,  or  inopera- 
tive and  invalid  in  any  particular  part  or  portion  of  the 
Confederate  States,  according  to  the  interest  which  the  par- 
ties to  such  suit  may  possess  in  the  patent  or  the  invention 
patented  ;  and  may  also  ailjudge  that  such  applicant  is  enti- 
tled, according  to  the  principles  and  provisions  of  this  act, 
to  have  and  receive  a  patent  for  his  invention,  as  specified 
in  his  claim,  or  for  any  part  thereof,  as  the  fact  of  priority 
or  right  or  invention  shall,  in  any  such  case,  be  made  to  ajv 


72 

pear.  And  such  adjiitlication,  if  it  be  in  favor  af  the  rigkt 
of  such  applicant,  shall  authorize  the  commissioner  to  issue 
such  patent,  on  his  filing  a  copy  of  the  adjudication  and 
otherwise  complying  with  the  requisitions  of  this  act;  Pro- 
vided, however,  That  no  such  judgment  or  adjudication  shall 
aifect  the  rights  of  any  person  except  the  parties  to  the  ac- 
tion and  those  deriving  title  from  and  under  them  subse- 
quent to  the  rendition  of  such  judgment. 

Sec.  15.  And  be  if  further  enacted.  That  all  actions,  suits, 
controversies  and  cases  arising  under  any  law  of  the  Confed- 
erate States,  granting  or  confirming  to  inventors  the  ex- 
clusive right  to  their  inventions  or  discoveries,  shall  be  ori- 
ginally cognizable,  as  well  in  equity  as  at  law,  by  the  dis- 
trict courts  of  the  Confe-derate  States,  which  courts  shall 
have  power  in  any  such  case  to  grant  injunctions  according: 
to  the  course  and  principles  of  courts  of  equity,  to  prevent 
the  violation  of  the  rights  of  any  inventor  as  secured  to  him 
by  any  law  of  the  Confederate  States,  on  such  terms  and 
conditions  as  said  courts  may  deem  reasonable:  Provided, 
hoivever,  That  from  all  judgments  and  decrees  from  any  such 
court  rendered  in  the  premises,  a  writ  of  error  or  appeal,  as 
the  case  may  require,  shall  lie  to  the  Supreme  Court  of  the 
Confederate  States,  in  the  same  manner  and  under  the  same 
circumstances  as  is  now  provided  by  law  in  other  judgments- 
and  decrees  of  district  courts,  and  in  all  other  cases  in  which 
the  court  shall  deem  it  reasonable  to  allow  the  same. 


Sec.  16.  And  be  it  further  enacted.  That  it  shall  be  the 
duty  of  the  commissioner  to  cause  to  be  classified  and  ar- 
ranged, in  such  rooms  or  galleries  as  may  be  provided  for 
that  purpose,  in  suitable  cases,  when  necessary  for  their 
preservation,  and  in  such  manner  as  shall  be  conducive  to  a 
beneficial  and  favorable  display  thereof,  the  models  and  spe- 
cimens of  compositions  and  fabrics,  and  other  manufactures- 
and  works  of  art,  patented  or  unpatented,  which  have  been 
or  shall  hereafter  be  deposited  in  said  office.  And  said 
rooms  or  galleries  shall  be  kept  open  during  suitable  hours, 
for  public  inspection. 

Sec.  1  7.  And  be  it  further  enacted,  That  whenever  a  pa- 
tent shall  be  returned  for  correction  and  reissue,  under  this 
act,  and  the  patentee  shall  desire  several  patents  to  be  is- 
sued for  distinct  and  separate  parts  of  the  thing  patented. 


73 

he  shall  first  pay,  in  manner  and  in  addition  to  the  sum  pro- 
vided by  this  act,  the  sum  of  twenty  dollars  for  each  addi- 
tional patent  so  to  be  issued;  nor  shall  any  new  patent  be 
issued  for  an  improvement  made  in  any  machine,  manufoc- 
ture  or  process,  to  the  original  inventor,  assignee  or  pos- 
sessor of  a  patent  therefor,  nor  any  disclaimer  be  admitted 
to  record,  until  a  duplicate  model  or  drawing  of  the  same 
shall  have  been  deposited  in  the  patent  office,  if  the  commis- 
sioner shall  require  the  same;  nor  shall  any  patent  be  grant- 
ed for  an  invention,  improvement  or  discovery,  the  model  or 
drawing  of  Avhich  shall  have  been  lost,  until  another  model 
or  drawing,  if  required  by  the  commissioner,  shall  in  like 
manner  be  deposited  in  the  patent  office.  And  in  all  such 
cases  the  question  of  compensation  for  such  models  and 
drawings  shall  be  subject  to  the  judgment  and  decision  of 
the  commissioner,  under  the  same  limitations  and  restric- 
tions as  are  herein  prescribed. 


Sec.  18.  And  he  it  further  enacted.  That  any  patent,  here- 
after to  be  issued,  may  be  made  and  issued  to  the  assignee 
or  assignees  of  the  inventor  or  discoverer,  the  assignment 
thereof  being  first  entered  of  record,  and  the  application 
therefor  being  duly  made,  and  the  specification  duly  sworn 
to  by  the  inventor.  And  in  all  cases  hereafter  the  applicant 
for  a  patent  shall  be  held  to  furnish  duplicate  drawings, 
whenever  the  case  admits  of  drawings,  one  of  which  to  be 
deposited  in  the  office,  and  the  other  to  be  annexed  to  the 
patent  and  considered  a  part  of  the  specification. 


Sec.  19.  And  he  it  further  enacted,  That  whenever  any 
patentee  shall  have,  through  inadvertence,  accident  or  mis- 
take, made  his  specification  of  claim  too  broad,  claiming 
more  than  that  of  which  he  was  the  original  or  first  inven- 
tor, some  material  and  substantial  part  of  the  thing  patent- 
ed being  truly  and  justly  his  own,  any  such  patentee,  his 
administrators,  executors  and  assigns,  whether  of  a  whole  or 
of  a  sectional  interest  therein,  may  make  disclaimer  of  such 
parts  of  the  thing  patented  as  the  disclaimant  shall  not 
claim  to  hold  by  virtue  of  the  patent  or  assignment,  stating 
therein  the  extent  of  his  interest  in  such  patent,  which  dis- 
claimer shall  be  in  writing,  attested  by  one  or  more  witnes- 
ses, and  recorded  in  the  patent  office,  on  payment  by  the 
person  claiming,  in  manner  as  other  ])atent  duties  are  re- 
quired by  law  to  be  paid,  of  the  sum  of  ten  dollars.     And 


74 

such  disclaimer  shall  thereafter  be  taken  and  considered  as 
part  of  the  original  specification,  to  the  extent  of  the  inter- 
est which  shall  be  possessed  in  the  patent  or  right  secured.] 
thereby  by  the  disclaimant,  and  by  those  claiming  by  or  un- 
der him,  subsequent  to  the  record  thereof.  But  no  such 
disclaimer  shall  affect  any  action  pending  at  the  time  of  its 
being  filed,  except  so  far  as  may  relate  to  the  question  of 
unreasonable  neglect  or  delay  in  filing  the  same. 

Sec.  20.  And  be  it  further  enacted.  That  whenever  appli- 
cation shall  be  made  to  fhe  commissioner  for  a  patent  for  a 
newly  discovered  improvement  to  be  made  to  an  existing 
patent,  or  whenever  a  patent  shall  be  returned  for  correction 
and  re-issue,  the  specification  of  claim  annexed  to  every 
such  patent  shall  be  subject  to  revision  and  restriction,  in 
the  same  manner  as  are  original  applications  for  patents ; 
the  commissioner  shall  not  add  any  such  improvement  to  the 
patent  in  the,  one  case,  nor  grant  the  re-issue  in  the  other 
case,  until  the  applicant  shall  have  entered  a  disclaimer  or 
altered  his  specification  of  claim  in  accordance  with  the  deci- 
sion of  the  commissioner ;  and  in  all  such  cases  the  appli- 
cant, if  dissatisfied  with  such  decision,  shall  have  the  same 
remedy  and  be  entitled  to  the  benefit  of  the  same  privileges 
and  proceedings  as  are  provided  by  law  in  the  case  of  origi- 
nal applications  for  patents. 

Sec.  21.  And  he  it  further  enacted,  That  whenever,  by  mis- 
take, accident  or  inadvertence,  and  without  any  wilful  de- 
fault or  intent  to  defraud  or  mislead  the  public,  any  patentee 
shall  have  in  his  specification,  claimed  to  be  the  original  and 
first  inventor  or  discoverer  of  any  material  or  substantial 
part  of  the  thing  patented,  of  which  he  was  not  the  original 
and  first  inventor,  and  shall  have  no  legal  or  just  right  to 
claim  the  same,  in  every  such  case  the  patent  shall  be  deem- 
ed good  and  valid  for  so  much  of  the  invention  or  discovery 
as  shall  be  truly  and  bona  fide  his  own :  Provided,  It  shall 
be  a  material  and  substantial  part  of  the  thing  patented,  and 
be  definitely  distinguishable  from  the  other  parts  so  claimed, 
without  right  as  aforesaid.  And  every  such  patentee,  his 
executors,  administrators  and  assi^rns,  whether  of  a  whole  or 
of  a  sectional  interest  therein,  shall  be  entitled  to  maintain 
a  suit  at  law  or  in  equity  on  such  patent  for  any  such  in- 
fringement of  such  part  of  the  invention  or  discovery  as 
shall  be  bona  fide  his  own  as  aforesaid,  notwithstanding  the 
specification  may  embrace  more  than  he  shall  have  an}"  legal 
right  to  claim.     But  in  every  such  case  in  which  a  judgment 


75 

or  verdict  shall  be  rendered  for  the  plaintiff,  he  shall  not  be 
entitled  to  recover  costs  against  tlio  defendant,  unless  he 
shall  have  entered  at  the  patent  office,  prior  to  the  com- 
>mencemcnt  of  the  suit,  a  disclaimer  of  all  that  part  of  the 
thing  patented  -which  was  so  claimed  -without  right :  Provi- 
ded, however^  That  no  person  bringing  any  such  suit  shall  be 
entitled  to  the  benefits  of  the  provisions  contained  in  this 
section,  -who  shall  have  unreasonably  neglected  or  delayed  to 
enter  at  the  patent  office  a  disclaimer  as  aforesaid. 

Sec.  22.  And  he  it  further  enacted.  That  in  all  cases  in 
■which  an  oath  is  required  by  this  act,  if  the  person  of  -whom 
it  is  required  shall  be  conscientiously  scrupulous  of  taking 
an  oath,  affirmation  may  be  substituted  therefor. 

Sec.  23.  And  he  it  further  enacted,  That  all  moneys  paid 
into  the  treasury  of  the  Confederate  States  for  patents,  and 
for  fees  for  copies  furnished  by  the  commissioner,  shall  be 
carried  to  the  credit  of  the  patent  fund  created  by  this  act ; 
and  the  mone}'  constituting  said  fund  shall  be  and  the  same 
are  hereby  appropriated  for  the  payment  of  the  salaries  of 
the  officers  and  clerks  provided  by  this  act,  and  all  other  ex- 
penses of  the  patent  office,  including  all  the  expenditures 
provided  for  by  this  act ;  and  also  for  such  other  purposes 
as  are  or  may  be  hereafter  specially  provided  for  by  law. 
And  the  commissioner  is  hereby  authorized  to  dra-w  upon 
such  fund,  from  time  to  time,  for  such  sums  as  shall  be  ne- 
cessary to  carry  into  effect  the  provisions  of  this  act,  gov- 
erned, however,  by  the  several  limitations  herein  contained. 
And  it  shall  be  his  duty  to  lay  before  Congress,  in  the  month 
of  January,  annually,  a  list  of  all  patents  which  shall  have 
boon  granted  during  the  preceding  year,  designating  under 
proper  heads  the  subjects  of  such  patents,  and  furnishing 
an  alphabetical  list  of  the  patentees,  with  their  places  of  resi- 
dence; and  shall  also  furnish  a  list  of  all  patents  Avhich  shall 
have  become  public  property  during  the  same  period,  togeth- 
er with  such  other  information  of  the  state  of  the  patent 
office  as  may  be  useful  to  Congress  or  to  the  public. 

Sec.  24.  And  he  it  firther  enacted.  That  the  commissioner 
is  authorized  to  employ  temporary  clerks  to  do  any  necessa- 
ry transcribing,  whenever  the  current  business  of  the  office 
requires  it :  Provided,  however.  That  instead  of  salary  a  com- 
pensation shall  be  allowed,  at  a  rate  not  greater  than  is 
charged  for  copies  now  furnished  by  the  office. 


76 

Sec.  25.  And  be  it  further  enacted,  That  the  commissioner 
is  hereby  authorized  to  publish  a  chxssical  and  alphabetical 
list  of  all  patents  granted  by  the  patent  office  previous  to 
said  publication,  and  retain  one  hundred  copies  for  the  pat- 
ent office  and  five  hundred  copies  to  be  deposited  in  the 
library  of  Congress,  for  such  distribution  as  may  hereafter 
be  directed  ;  and  that  one  thousand  dollars,  if  necessary,  be 
appropriated  out  of  the  patent  fund,  to  defray  the  expenses 
of  the  same. 

Sec.  26.  And  be  it  further  enacted,  That  the  sum  of  five 
hundred  dollars  be  appropriated  from  the  patent  fund,  to 
be  expended  under  the  direction  of  the  commissioner,  for 
the  purchase  of  necessary  books  for  the  library  of  the  patent 
office. 

Sec.  27.  And  be  it  further  enacted,  That  all  applications 
by  aliens  to  obtain  patents  for  inventions  which  have  already 
been  patented  in  foreign  countries,  shall  be  made  within  six 
months  from  the  date  of  such  foreign  letters  patent.  Nor 
shall  letters  patent  be  granted  to  any  alien  Avhose  govern- 
ment is  at  war  with  the  Confederate  States. 

Sec  28.  And  be  it  further  enacted,  That  every  person  or 
corporation  who  has,  or  shall  have  purchased  or  constructed 
any  newly  invented  machine,  manufacture  or  composition  of 
matter,  prior  to  the  application  by  the  inventor  or  discover- 
er for  a  patent,  shall  be  held  to  possess  the  right  to  use  and 
vend  to  others  to  be  used,  the  specific  machine,  manufacture 
or  composition  of  matter  so  made  or  purchased,  without  lia- 
bility therefor  to  the  inventor,  or  any  other  person  interest- 
ed in  such  invention ;  and  no  patent  shall  be  held  to  be 
invalid  by  reason  of  such  purchase,  sale  or  use,  prior  to  the 
application  for  a  patent  as  aforesaid,  except  on  proof  of  aban- 
donment of  such  invention  to  the  public,  or  that  purchase, 
sale  or  prior  use  has  been  for  more  than  two  years  prior  to 
such  aj)plication  for  a  patent. 

Sec  29.  And  be  it  further  enacted,  That  the  provisions  of 
the  14th  section  of  this  act,  shall  extend  to  all  cases  where 
patents  are  refused  for  any  reason  whatever,  either  by  the 
commissioner  of  patents  or  by  the  Attorney  General,  upon 
appeals  from  the  decision  of  said  commissioner,  as  well  as 
where  the  same  shall  have  been  refused  on  account  of,  or  by 
reason  of,  interference  with  a  previously  existing  patent ; 
and  in  all  cases  where  there  is  no  opposing  party  a  copy  of 
the  bill  shall  be  served  upon  the  commissioner  of  patents, 


when  the  Avholc  of  the  expenses  of  the  proceeding  shall  be 
paid  by  the  applicant,  whether  the  final  decision  shall  be  in 
his  favor  or  otherwise. 

Sec.  30.  Ajid  he  it  further  enacted,  That  the  Treasurer  of 
the  Confederate  States  be  and  ho  hereby  is  authorized  to  pay 
back,  out  of  the  patent  fund,  any  sum  or  sums  of  money  to 
any  person  who  shall  have  paid  the  same  into  the  treasury, 
or  to  any  receiver  or  depositary  to  the  credit  of  the  treasu- 
rer, as  for  fees  accruing  at  the  patent  office  through  mistake, 
and  which  arc  not  provided  to  be  paid  by  existing  laws,  cer- 
tificate thereof  being  made  to  the  said  treasurer  by  the  com- 
missioner of  patents. 

Sec.  31.  And  he  H  further  enacted,  That  the  oath  required 
for  applicants  for  patents  may  be  taken,  when  the  applicant 
is  not  for  the  time  being  residing  in  the  Confederate  States, 
before  any  minister  plenipotentiary,  charge  d'affaires,  con- 
sul, or  commercial  agent  holding  commission  under  the  gov- 
ernment of  the  Confederate  States,  or  before  any  notary 
public  of  the  foreign  country  in  which  such  applicant  may 
be:  Provided,  Such  foreign  State  shall  have  recognized  the 
independence  of  the  Confederate  States,  and  shall  be  at  the 
time  in  amity  with  them. 

Sec.  32.  And  he  it  further  enacted.  That  all  patentees 
wishing  to  make  payments  for  patents  to  be  issued,  may  pay 
all  such  moneys  to  the  Treasurer  of  the  Confederate  States, 
or  to  the  treasurer  of  either  of  the  mints  within  the  Con- 
federate States,  or  to  such  other  depositary  as  shall  be  de- 
signed by  the  Secretary  of  the  Treasury  or  commissioner  of 
patents,  in  other  parts  of  the  Confederate  States,  to  receive 
such  payments  and  give  receipts  or  certificates  of  deposit 
therefor. 

Sec.  33.  And  he  it  further  enacted.  That  from  all  judg- 
ments and  decrees  of  any  district  court  rendered  in  any  ac- 
tion, suit,  controversy  or  case  at  law  or  in  equity,  arising 
under  any  law  of  the  Confederate  States  granting  or  con- 
firming to  inventors  or  discoverers  a  writ  of  error  or  appeal, 
as  tlie  case  may  require,  shall  lie.  at  tlie  instance  of  either 
party,  to  the  Supreme  Court  of  the  Confederate  States,  in 
the  same  manner  and  under  the  same  circumstances  as  is 
now  provided  by  law  in  other  judgments  and  decrees  of 
such  district  courts,  witliout  regard  to  the  sum  or  value  in 
controversy  in  the  action. 

Sec.  34.  And  he  it  further  enacted,  That  the  commissioner 
of  patents  may  estalilish  rules  for  taking  aflSdavits  and  de- 
positions required  in  cases  pending  in  the  patent  office,  and 


78 

such  affidavits  and  depositions  may  be  taken  before  any  jus- 
tice of  tlie  peace  or  other  officer  authorized  by  law  to  take 
depositions  to  be  used  in  the  courts  of  tire  Confederate 
States,  or  in  the  State  courts  of  any  State  where  such  officer 
shall  reside ;  and  in  any  contested  case  pending  in  the  pa- 
tent office  it  shall  be  lawful  for  any  clerk  of  any  court  of 
the  Confederate  States  for  any  district  or  territory,  and  he 
is  hereby  required,  upon  the  application  of  any  party  to 
such  contested  case,  or  the  agent  or  attorney  of  such  party, 
to  issue  subpoenas  for  any  witnesses  residing  or  being  within 
the  said  district  or  territory,  commanding  such  witnesses  to 
appear  and  testify  before  any  justice  of  the  peace,  or  other 
officer  as  aforesaid  residing  within  the  said  district  or  terri- 
tory, at  any  time  and  place  in  the  subpoena  to  be  stated ; 
and  if  any  witness,  after  being  duly  served  with  such  sub- 
poena, shall  refuse  or  neglect  to  appear,  or  after  appearing 
shall  refuse  to  testify,  (not  being  privileged  from  giving  tes- 
timony,) such  refusal  or  neglect  being  proved  to  the  satis- 
faction of  any  judge  of  the  court  whose  clerk  shall  have 
issued  such  subpoena,  said  judge  may  thereupon  proceed  to 
enforce  obedience  to  the  process,  or  to  punish  the  disobedi- 
ence in  like  manner  as  any  court  of  the  Confederate  States 
may  do  in  case  of  disobedience  to  process  of  suhpana  ad  tes- 
tificandmn  issued  by  such  court ;  and  witnesses  in  such  cases 
shall  be  allowed  the  same  compensation  as  is  allowed  to  wit- 
nesses attending  the  courts  of  the  Confederate  States :  Fro- 
vided,  That  no  witness  shall  be  required  to  attend  at  any 
place  more  than  forty  miles  from  the  place  where  the  sub- 
poena shall  be  served  upon  him  to  give  a  deposition  under 
this  law :  Provided,  also,  That  no  witness  shall  be  deemed 
guilty  of  contempt  for  refusing  to  disclose  any  secret  in- 
vention made  or  owned  by  him:  And  provided  further'.  That 
no  witness  shall  be  deemed  guilty  of  contempt  for  disobeying 
any  subpoena  directed  to  him  by  virtue  of  this  act,  unless 
his  fees  for  going  to,  returning  from,  and  one  day's  attend- 
ance at  the  place  of  examination  shall  be  paid  or  tendered  to 
him  at  the  time  of  the  service  of  the  subpoena. 

Sec.  35.  And  he  it  further  enacted.  That  no  appeal  shall 
be  allowed  to  the  Attorney  General  from  the  clecisions  of 
the  examiners,  except  interference  cases,  until  after  the  ap- 
plication shall  have  been  twice  rejected;  and  the  second 
examination  of  the  application  by  the  primary  examiner 
shall  not  be  had  until  the  applicant,  in  view  of  the  refer- 
ences given  on  the  first  rejection,  shall  have  renewed  the 
oath  of  invention  as  provided  for  in  this  act. 


79 

Sec.  3G.  And  be  it  furtJier  enacted,  That  the  salary  of  the 
Commissioner  of  Patents,  from  and  after  the  passage  of  this 
act,  shall  be  three  thousand  dollars  per  annum  :  that  of  the 
chief  clerk  eighteen  hundred  dollars  per  annum  ;  that  of 
each  examiner  of  patents  two  thousand  dollars  per  annum, 
and  that  of  each  regularly  employed  record  or  other  clerk, 
one  thousand  dollars  per  annum. 

Sec  37.  Ani  he  it  further  enacted,  That  the  Commissioner 
of  Patents  is  authorized  to  restore  to  the  respective  appli- 
cants, or  Avhen  not  removed  by  them  to  otherwise  dispose  of, 
such  of  the  models  belonging  to  rejected  applicants  as  he 
shall  not  think  necessary  to  be  preserved.  The  same  au- 
thority is  also  given  in  relation  to  all  models  accompanying 
applications  of  designs  and  inventions.  lie  is  further  au- 
thorized to  dispense  Avith  models  of  designs,  when  the  de- 
sign can  be  sufficiently  represented  by  a  drawing. 

Sec.  3S.  And  he  it  further  enacted,  That  tlie  commissioner 
may  require  all  papers  filed  in  the  patent  office,  if  not  cor- 
rectly, legibly  and  plainly  written,  to  be  printed  at  the  cost 
of  the  parties  filing  such  papers  ;  and  for  gross  misconduct 
he  may  refuse  to  recognize  any  person  as  a  patent  agent, 
either  generally  or  in  any  particular  case ;  but  the  reasons 
of  the  commissioner  for  such  refusal  shall  be  duly  recordsd, 
and  subject  to  the  approval  of  the  President  of  the  Confede- 
rate States. 

Sec  39.  And  be  it  further  enacted.  That  no  money  paid  as 
a  fee  on  any  application  for  a  patent  after  the  passage  of 
this  act  shall  be  withdrawn  or  refunded,  nor  shall  the 
fee  paid  on  filing  a  caveat  be  considered  as  part  of  the 
sum  required  to  be  paid  on  filing  a  subsequent  applica- 
tion for  a  patent  for  the  same  invention.  That  the  three 
months'  notice  given  to  any  caveator,  in  pursuance  of  the 
requirements  of  the  11th  section  of  this  act,  shall  be  com- 
puted from  the  day  on  which  such  notice  is  deposited  in  the 
post-office  at  the  seat  of  Government  of  this  Confcdcracj^ 
with  the  regular  time  for  transmission  of  the  same  added 
thereto,  wliich  time  shall  be  endorsed  on  the  notice. 

Sec  40.  And  he  it  further  enacted.  That  the  following 
shall  be  the  rates  of  fees  in  all  cases,  respectively : 

On  filing  a  caveat,  ten  dollars. 

On  filing  each  original  application  for  a  patent,  except  for 
a  design,  twenty  dollars. 


80 

On  issuing  each  original  patent,  twenty  dollars. 

On   every  appeal   to  the  Attorney  General,  twenty-five 
dollars.  "^ 

On  every  application  for  the  re-issue  of  a  patent,  thirty 
dollars.  *^ 

On  filing  each  disclaimer,  ten  dollars. 

For  recording  patents,  as  provided  for  in  section  49  ten 
cents  for  every  hundred  words,  ' 

For  certified  copies  of  patents  and  other  papers,  ten  cents 
per  hundred  words. 

For  recording  every  assignment,   agreement,   power  of 
attorney,  and  other  papers,  of  three  hundred  words  or  under 
one  dollar.  ' 

For  recording  every  assignment  and  other  paper,  over 
three  hundred  words  and  under  one  thousand  words,  two 
dollr-"  ' 


lars. 


For  recording  every  assignment  and  other  writing,  if  over 
one  thousand  words,  three  dollars. 

For  copies  of  drawings,  the   reasonable  cost  of  making 
the  same.  ° 

Sec.  41.  And  be  it  further  enacted,  That   any  person   or 
persons  who,  by  his,  her  or  their  own  industry,  genius 
ett orts  and  expense,  may  have  invented  or  produced  any  new 
and  original  design  for  a  manufacture,  whether  of  metal  or 
other  material  or  materials,  an   original   design   for  a  bust, 
statue  or  bass-relief,  or  composition  in  basso  or  alto  relievo, 
or  any  new  or  original  impression  or  ornament,  or  to  be 
placed  on  any  article  of  manufacture,  the  same  being  formed 
m  marble  or  other  material,  or  any  new  and  useful  pattern 
or  print,  or  picture,  to  be  either  worked  into  or  worked  on' 
or  printed,  or  painted,  or  cast,  or  otherwise  fixed  upon  any 
article  of  manufacture,  or  any  new  and  original  shape   or 
configuration  of  any  article  of  manufacture  not  known   or 
used  by  others  before  his,  her  or  their  invention  or  produc- 
tion thereof,  and  prior  to  the  time  of  his,  her  or  their  appli- 
cation  for  a  patent  therefor,  and  who  shall  desire  to  obtain 
an  exclusive  property  or  right  therein,  to  make,  use,  sell 
and  vend  the  same,  or  copies  of  the  same,  to  others,  by 
tiiem  to  be  made,  used  and  sold,  may  make  application  in 
writing  to  the  Commissioner  of  Patents   expressing  such 
aesire;  and  the  commissioner,  on  due  proceedings  had,  may 
grant  a  patent  therefor,  as  in  the  case  now  of  application 


81 


for  a  patent,  for  the  term  of  three  and  one-half  years,  or 
for  the  term  of  seven  years,  or  for  the  term  of  fourteen 
years,  as  the  said  applicant  may  elect  in  his  application  : 
Provided,  That  the  fee  to  be  paid  in  such  application  shall 
be  for  the  term  of  three  years  and  six  months,  ten  dollars  ; 
for  seven  years,  fifteen  dollars;  and  for  fourteen  years, 
twenty  dollars.  . 

Sec.  42.  And  be  it  further  enacted,  lliat  all  applications 
for  patents  shall  be  completed  and  prepared  for  examination 
within  two  years  after  the  filing  of  the  petition,  and  in  de- 
fault thereof  they  shall  be  regarded  as  abandoned  by  the 
parties  thereto,  unless  it  be  shown  to  the  satisfaction  of  the 
commissioner  of  patents  that  such  delay  was  unavoidable  j 
and  all  applications  now  pending  shall  be  treated  as  it  filed 
after  the  passage  of  this  act. 

Sec.  43.  And  be  it  further  enacted.  That  in  ah  cases  where 
an  article  is  made  or  vended  by  any  person  under  the  protec- 
tion of  letters  patent,  it  shall  be  the  duty  of  such  person  to 
trive  sufficient  notice  to  the  public  that  said  article  is  so  pat- 
ented, either  by  fixing  thereon  the  word  patented,  together 
with  tlie  day  and  year  the  patent  was  granted,  or  when,  from 
the  character  of  the  article  patented,  that  may  be  impracti- 
cable, by  enveloping  one  or  more  of  the  said  articles  and 
affixing  a  label  to  the  package,  or  otherwise  attaching  there- 
to a  label,  on  which  the  notice,  with  the  date,  is  printed;  on 
failure  of  which,  in  any  suit  for  the  infringement  of  letters 
patent  by  the  party  failing  so  to  mark  the  article  the  right 
to  which 'is  infringed  upon,  no  damage  shall  be  recovered  by 
the  plaintiff,  except  on  proof  that  the  defendant  was  duly 
notified  of  the  infringement,  and  continued,  after  such  no- 
tice, to  make  or  vend  the  article  patented. 

Sec.  44.  And  be  it  further  enacted,  That  the  commissioner 
of  patents  be  and  he  is  hereby  authorized  to  print,  or  in  his 
discretion  to  cause  to  be  printed,  ten  copies  of  the  descrip- 
tion and  claims  of  all  patents  which  may  hereafter  be  grant- 
ed, and  ten  copies  of  the  drawings  of  the  same,  when  draw- 
ings  shall   accompany    the   patent:  Provided,  The    cost   of 
prmting  the   text  of  said  description    and  claims   shall   not 
exceed,"  exclusive  of  stationery,  the   sum  of  two   cents   per 
hundred  words  for  each  of  said  copies,  and  the  cost  of  the 
drawing  shall  not  exceed  fifty  cents  per  copy;  one  copy  of 
the  a1)ove  number  shall  be  printed  on  parchment,  to  be  affix- 
ed to  the  letters  patent.     The  work  shall  be  under  the  direc- 
tion and  subject  to  the  approval  of  the  commissioner  of  pat- 
ents, and  the  expense  of  the  said  copies  shall  be  paid  for  out 
of  the  patent  fund. 
16 


82 

Sec.  45.  And  be  it  furiJier  enacted,  That  printed  copies  of 
the  letters  patent  of  the  Confederate  States,  with  the  seal  of 
the  patent  office  affixed  thereto,  and  certified  and  signed  bj 
the  commissioner  of  patents,  shall  be  legal  evidence  of  the 
contents  of  said  letters  patent  in  all  cases. 

Sec.  4G.  And  he  it  further  enacted.  That  no  discrimination 
shall  be  made  between  the  inhabitants  of  the  Confederate 
States  and  those  of  other  countries  which  shall  not  discrim- 
inate ao^ainst  the  inhabitants  of  the  Confederate  States  in 
ren-ard  to  patent  office  fees  ;  and  should  any  country  discrim- 
inate against  the  Confederate  States,  the  same  fees  shall  be 
charo-ed  against  the  inhabitants  of  said  country  as  are 
charged  by  it  against  the  inhabitants  of  the  Confederate 
States. 

Sec.  47.  And  he  it  further  enacted,  That  at  the  expiration 
of  three  years  from  the  date  of  any  patent  hereafter  to  be 
issued,  there  shall  be  paid  to  the  commissioner,  by  the  pat- 
entee or  assignee  of  such  patent,  a  fee  of  ten  dollars,  and 
the  same  amount  at  the  expiration  of  seven  years ;  and 
if  such  fees  are  not  paid,  such  patent  shall  be  deemed  aban- 
doned and  shall  be  null  and  void. 

Sec.  48.  And  he  it  further  enacted,  That  all  money  receiv- 
ed by  the  commissioner  under  this  act  shall  be  by  him  paid 
into  the  treasury,  and  shall  constitute  a  fund  for  the  payment 
of  the  salaries  of  officers  and  clerks  herein  provided  for,  and 
all  other  expenses  of  the  patent  office,  and  to  be  called  a  pat- 
ent fund. 

Sec.  49.  And  he  it  further  enacted,  That  all  patents  here- 
tofore granted  and  issued  by  the  United  States  to  any  person 
or  persons  now  a  citizen  or  citizens  of  either  of  the  states  of 
this  Confederacy,  or  of  the  states  of  Tennessee,  Arkansas 
and  North  Carolina,  or  now  held  by  assignment  by  any  such 
citizen  or  citizens,  shall  continue  in  force  for  the  term  foT 
which  they  were  issued  yet  unexpired,  and  if  assigned  in 
part  only  to  any  citizen  of  this  Confederacy,  or  of  the  states 
aforesaid,  shall  continue  in  force  for  such  part :  Provided, 
Said  assignment  was  hona  fide  made  prior  to  the  fourth  day 
of  February,  1861:  Provided  further,  Nothing  contained  in 
this  act  shall  be  construed  to  recognize  any  renewal  or  ex- 
tension of  a  patent  by  the  United  States  heretofore  made : 
Provided  further.  That  patents  or  the  deed  of  assignment 
therefor  provided  for  in  this  section,  shall  be  recorded  in  the 
patent  office  of  the  Confederate  States,  and  there  also  shall 
be  deposited  in  said  office  such  models  or  descriptive  draw- 
ings as  may  be  necessary  to  identify  and  explain  the  subject 
matter  of  said  patents  ;  and  all  persons  claiming  the  benefit 


83 

of  this  section  sliall  pay  to  the  commissioner  of  patents  the 
sum  of  twenty  dollars  for  the  use  of  the  patent  fund,  unless 
such  patents  are  so  filed  for  record,  -with  such  drawings  or 
models  as  aforesaid,  Avithin  nine  months  from  the  date  of 
publication  of  this  act,  they  shall  l)c  coiisidcreil  as  al)audoned, 
and  shall  be  null  and  void.  And  it  shall  be  the  duty  of  the 
commissioner  to  endorse  on  each  patent  so  filed  for  record  the 
date  of  such  filing,  and  also  a  certificate  under  the  seal  of 
his  office  that  said  patent  has  been  recorded,  Avhich  certificate 
shall  be  evidence  of  the  fact  in  any  court  of  justice,  wheth- 
er of  the  state  or  of  the  Confederacy,  and  of  the  rights  of 
the  owner  thereof  to  use  said  patent;  and  such  patents  shall,, 
after  they  are  recorded,  be  returned  to  the  owner  thoreof. 

Sec.  50.  A7id  be  it  fiu-ther  enacted.  That  in  case  the  origi- 
nal inventor  or  discoverer  of  the  art,  machine  or  improve- 
ment for  which  a  patent  is  solicited  is  a  slave,  the  master  of 
such  slave  may  take  an  oath  that  the  said  slave  was  the  orig- 
inal inventor;  and  on  complying  with  the  requisites  of  the 
law,  shall  receive  a  patent  for  said  discovery  or  invention, 
and  have  all  the  rights  to  which  a  patentee  is  entitled  by 
law. 

Sec.  51.  That  all  patents  issued  by  the  government  of 
the  United  States,  in  favor  of  citizens  or  subjects  of  foreign 
countries,  prior  to  the  eighth  day  of  February  last,  shall 
have  the  same  force  and  effect  in  these  Confederate  States  as 
if  issued  vinder  the  authority  of  these  states  :  Provided,  That 
this  section  shall  not  take  effect  in  favor  of  any  alien  enemy, 
holder  or  assignee  of  such  patent  as  aforesaid. 

Sec.  52.  And  be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  May  21,  1861. 


84 

No.  166.]  AN  ACT 

To  establish  the  Judicial  Courts  of  the  Confederate  States  of 
America  in  the  State  of  Virginia. 


o 


Section  1.   The  Congress  of  the  Confederate  States  of  Ameri 
ca  do  enact,  That  the  State  of  Virginia  shall  constitute  twa 
judicial  districts,  the  territorial  boundaries  of  which  shal 
be  the  same  as  those  existing  by  force  of  the  laws  of  th 
United  States,  when  the  said  State  of  Virginia  seceded  froml 
the  United  States,  and  shall  be  known  and  designated  as  the 
Eastern  and  Western  Judicial  Districts  of  the  Confederate 
States  of  America  in  Virginia. 

Sec.  2.  Be  it  further  enacted,  That  a  judge  and  marshal 
and  attorney  shall  be  appointed  by  the  President  of  the  Con- 
federate States  for  each  of  said  districts;  and  that  the  juris- 
diction exercised  by  the  said  district  courts  and  the  judges 
thereof  shall  be  the  same  in  all  respects  as  that  exercised  by 
the  other  district  courts  of  the  Confederate  States  and  the 
judges  of  such  courts,  respectively :  and  that  the  said  courts 
shall  in  all  respects  be  subject  to  the  provisions  of  the  act 
entitled  ''  An  act  to  establish  the  judicial  courts  of  the  Con- 
federate States  of  America." 

Approved  May  21,  1861. 


No.  167.]  AN  ACT 

To  prescribe  the  mode  of  publishing  the  Laws  and  Treaties 
of  the  Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  it  shall  be  the  duty  of  the  Attorney  Gen- 
eral to  select  from  the  laws  and  resolutions  passed  at  each 
session,  such  as  may  be  of  a  public  nature  and  which  in  his 
judgment  require  immediate  publication,  and  cause  the  same 
to  be  inserted  weekly,  for  one  month,  in  one  public  gazette 
published  at  the  seat  of  government  in  each  state,  and  also 
in  two  gazettes  published  at  the  capital  of  the  Confederate 
States. 

Sec.  2.  All  treaties  entered  into  by  the  Confederate  States 
shall  be  published  in  the  same  manner:  but  the  President 
may,  in  his  discretion,  order  the  publication  of  particular 
treaties  in  other  gazettes  published  at  other  places. 

Sec.  3.  The  compensation  for  publication  of  the  laws  in 


85 


the  ffazettes  shall  not  exceed  one  dollar  and  a  half  per  page, 
estimated  according  to  Little  &  Brown's  edition  of  the  laws 
of  the  United  States. 

Approved  May  21,  18G1. 


No.  168.]  AN  ACT 

To  prescribe  the  Salary  of  the  Trivato  Secretary  of  the  Tre- 
sidcnt  of  the   Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  do  enact, 
That  from  and  after  the  passage  of  this  act,  the  salary  of 
the  private  secretary  of  the  rresi<lent  of  the  Confede- 
rate States  shall  be  at   the  rate  of  fifteen  hundred  dollars 

per  annum.  ,  .       .  .     ^^i  • 

Sec.  2.  All  laws  and  parts  of  laws  mitigating  against  this 

act,  be  and  the  same  are  hereby  repealed. 
Approved  May  21,  1861. 


No.  169.]  AN  ORDINANCE 

Of  the   Convention   of  the   Congress  of  the  Confederate 

States. 
Be  it  ordained  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  second  paragraph  of  the  first  section  of 
the  third  Article  of  the  Constitution  of  the  Confederate 
States  of  America,  be  so  amended  in  the  first  lino  of  said 
paragraph,  as  to  read,  "  Each  state  shall,  until  otherwise 
enacted  by  law,  constitute  a  district;"  and  in  the  sixth  line, 
after  the  word  "judge,"  add  "or  judges." 

Approved,  May  21,  1861. 


No.  170.]  AN  ACT 

To  amend  an  act  entitled  "  An  Act  recognizing  the  exist- 
ence of  war  between  the  United  States  and  the  Confede- 
rate States,  and  concerning  Letters  of  Marque,  Prizes 
and  Prize  Goods,  approved  May  6th,  one  thousand  eight 
hundred  and  sixty-one. 
Section   1 .    Tlie  Congress  of  the  Confederate  States  do  enact, 

That  the  tenth    section    of  the    above  entitleci^act   be    so 


86 


amended  that,  in  addition  to  the  bounty  therein  men 
tioned,  the  government  of  the  Confederate  States  will  pay 
to  the  cruiser  or  cruisers  of  any  private  armed  vessel  com- 
missioned under  said  act,  twenty  per  centum  on  the  value 
of  each  and  every  vessel  of  war  belonging  to  the  enemy, 
that  may  be  sunk  or  destroyed  by  such  private  armed  vessel 
or  vessels,  the  value  of  the  armament  to  be  included  in  the 
estimate.  The  valuation  to  be  made  by  a  board  of  naval 
officers  appointed,  and  their  award  to  be  approved  by  the 
President,  and  the  amount  found  to  be  due  to  be  payable  in 
eight  per  cent,  bonds  of  the  Confederate  States. 

Sec.  2.  That  if  any  person  who  may  have  invented  or 
may  hereafter  invent  any  new  kind  of  armed  vessel,  or  float- 
ing battery,  or  defence,  shall  deposit  a  plan  of  the  same, 
accompanied  by  suitable  explanations  or  specifications,  in 
the  navy  department,  together  with  an  affidavit  setting  forth 
that  he  is  the  inventor  thereof,  such  deposit  and  affidavit 
(unless  the  facts  set  forth  therein  shall  be  disproved)  shall 
entitle  such  inventor  or  his  assigns  to  the  sole  and  exclusive 
enjoyment  of  the  rights  and  privileges  conferred  by  this  act, 
reserving,  however,  to  the  government,  in  all  cases,  the  right 
of  using  such  invention. 

Approved  May  21,  1861. 


No.  171.]  AN  ACT 

To  provide  for  the  pay  of  additional  officers,  non-commis- 
sioned officers,  musicians  and  privates  of  the  Marine 
Corps,  to  constitute  a  Regiment,  and  for  the  additional 
clothing  and  subsistence  of  the  non-commissioned  officers, 
musicians  and  privates,  for  the  year  ending  February  the 
eighteenth,  eighteen  hundred  and  sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  sum  of  ninety-five  thousand  tAvo  hundred  and  for- 
ty dollars  be  and  the  same  is  hereby  appropriated  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  for  the 
pay  of  additional  officers,  musicians  and  privates  of  the  ma- 
rine corps,  and  subsistence  for  the  same  for  and  during  the 
year  ending  February  the  eighteenth,  eighteen  hundred  and 
sixty-two,  said  sum  to  be  appropriated  as  follows  :  One  colo- 
nel, (for  nine  months.)  two  thousand  dollars ;  lieutenant 
colonel,  (for  nine  months,)  eighteen  hundred  dollars  ;  quar- 


S7 


termaster,  (additional.)  five  luindred  dollavB ;  payniaster 
(additional,)  five  hundred  dollars;  adjutant,  (additional) 
five  hundred  dollars  ;  four  captains,  five  thousand  two  hun- 
dred dollars ;  four  first  lieutenants,  three  thousand  six  hun- 
dred dollars;  fourteen  second  lieutenants,  ten  thousand  and 
eighty  dollars;  additional  non-commissioned  officers  and 
musicians,  four  thousand  eight  hundred  dollars;  tjvo  hun- 
dred and  forty  additional  privates  at  eleven  dollars  pei 
month,  twenty-three  thousand  seven  hundred  and  sixty  dol- 
lars ;  additional  clothing  for  non-commissioned  officers,  mu- 
sich^s  and  privates,  fifteen  thousand  dollars  ;  additional  ra- 
tions for  non-commissioned  officers,  musicians  and  privates 
sixty  six  thousand  rations  at  sixteen  thousand  five  hundreit 
dollars ;  additional  expenses  of  recruiting,  transportation  ot 
officers  and  men.  five  thousand  dollars ;  pay  of  armories  and 
purchase  of  small  arms,  ordnance  stores,  accoutrements, 
flags,  &c.,  four  thousand  dollars  ;  contingencies,  including 
freight,  cartage,  &c.,  two  thousand  dollars. 


Approved  May  21,  1861. 


No.  172.]  AN  ACT 

To  increase  the  Clerical  Force  of  the  Treasury  Department, 
in  the  Bureau  of  Second  Auditor. 

The  Co7igress  of  the  Confederate  States  of  America  do  enact, 
That  the  clerical  force  in  'the  office  of  Second  Auditor  of  the 
Treasury  Department  shall  consist  as  follows  :  One  chie. 
clerk,  at  a  salary  of  fourteen  hundred  dollars  per  annum  ; 
five  clerks  at  salaries  each  of  twelve  hundred  dollars  per 
annum ;  and  five  clerks  with  salaries  each  of  one  thousand 
dollars  per  annum  :  Provided,  That  the  Secretary  of  the 
Treasury  shall  have  the  same  power  to  distribute  said  clerks 
among  the  other  bureaus  of  the  Treasury  Department,  if  in 
his  judgment  the  public  interest  requires,  as  is  given  to  him 
by  the  act  "  To  create  the  clerical  force  of  the  several  exe- 
cutive departments  of  the  Confederate  States  of  America, 
approved  March  seventh,  eighteen  hundred  and  sixty-one. 

Approved  May  21,  1861. 


88 

No.   173.]  A  RESOLUTION 

In  regard  to  the  Clerical  Department  of  Congress. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America^ 
That  the  Secretary  of  the  Congress  be  authorized  to  employ 
such  additional  clerical  force  as  maj^  be  necessary  to  dispatch 
the  business  of  his  office  daring  the  remainder  of  the  ses- 
sion, at  six  dollars  per  day  each. 

Appro  YED  May  21,  1861. 


No.  174.]  A  RESOLUTION. 

To  provide  for  the  Removal  of  the  Seat  of  Government. 

Resolved  by  the  Cojigress  of  the  Confederate  States  of  America^ 
That  this  Congr(.ss  will  adjourn  on  Tuesday  next,  to  meet 
again  on  the  twentieth  day  of  July,  at  Richmond,  Virginia; 
and  that  a  committee  of  three  members  of  this  Congress  be 
appointed  to  make  suitable  arrangements  for  the  accommo- 
dation of  Congress,  and  of  the  several  executive  depart- 
ments. Resolved,  further,  That  the  President  be  and  is  here- 
by authorized  to  cause  the  several  executive  departments, 
with  the  archives  thereof,  to  be  removed  at  such  time  be- 
tween this  and  the  twentieth  day  of  July  next,  as  he  may 
determine,  to  Richmond :  Provided,  however,  That  in  case  of 
any  public  emergency  which  may,  in  the  judgment  of  the 
President,  render  it  impolitic  to  meet  in  Richmond,  the 
President  shall  have  power  by  proclamation  to  call  the  Con- 
gress together  at  some  other  convenient  place  to  be  selected 
by  him. 

Approved  May  21,    1861. 


No.  175.]  AN  ACT 

To   authorize   certain   Debtors  to  pay  the  amounts  due  by 
them  into  the  Treasury  of  the  Confederate  States. 

Section  1.  The  Congress  of  the  Co?  federate  S  tales  of  Amer- 
ica do  enact.  That  all  persons  in  any  manner  indebted  to 
individuals  or  corporations  in  the  United  States  of  America, 
(except  the  States  of  Delaware,  Maryland,  Kentucky  and 
Missouri,  and  the  District  of  Columbia,)  be  and  are  hereby 


89 

prohibited  from  paying  the  same  to  their  respective  credit- 
ors, or  their  agents  or  assignees,  pending  the  existing  war 
waged  by  that  government  against  the  Confederate  States, 
or  any  one  of  the  shxvcholding  States  before  named. 

Sf.c.  2.  Any  person  indebted  as  aforesaid  sliall  be  and  is 
hereby  authorized  to  pay  the  amount  of  his  indebtedness 
into  the  treasury  of  the  Confederate  States,  in  specie  or 
treasury  notes,  and  sliall  receive  from  the  treasurer  a  certi- 
ficate, countersigned  by  the  register,  showing  the  amount 
paid  and  on  what  account,  and  the  rate  of  interest  which  the 
same  was  bearing. 

Sf.c.  3.  Such  certificate  shall  bear  like  interest  with  the 
original  contract,  and  shall  be  redeemable,  at  the  close  of  the 
war  and  the  restoration  of  peace,  in  specie  or  its  equivalent, 
on  presentation  of  the  original  certificate. 

Sf.c.  4.  All  laws  and  parts  of  laws  militating  against  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  May  21,  1861. 


No.  116.]  AN  ACT 

To  transfer  the  Testimony  taken  by  Commission,  in  certain 
suits  therein  named,  brought  in  the  Circuit  and  District 
Courts  of  the  United  States  of  America  to  the  State 
Courts  of  the  Confederate  States,  and  to  authorize  the 
same  to  be  read  in  said  State  Courts. 

Section  1.  The  Congjrss  of  the  Confederate  States  of  Amer- 
ica do  enact.  That  in  all  cases  where  suits  have  been  insti- 
tuted in  the  circuit  or  district  courts  of  the  United  States  of 
America,  whether  at  laAV  or  in  equit}'-,  by  a  citizen  or  citi- 
zens of  one  of  the  Confederate  States  of  America,  against 
a  citizen  or  citizens  of  another  of  the  said  Confederate 
States,  and  said  suits  or  any  of  them  shall  be  re-commenced 
in  the  State  courts  of  any  of  the  Confederate  States,  the 
evidence  taken,  in  such  suits  whilst  pending  in  the  circuit 
or  district  courts  of  the  United  States,  by  commission,  shall 
be  read  upon  the  trial  of  such  suits  so  re-commenced  in  the 
State  courts  aforesaid,  under  such  rules  and  regulations  as 
obtain  respectively  in  the  State  courts  of  the  Confederate 
States;  except  that  no  objection  shall  be  good  and  available 
to  the  execution   and   return  of  the  commissions  for  taking 


o 


testimony  which  would  not  be  good  and  available  in  the  cir- 


90 

cuit  or  district  courts  of  the  United  States  from  which  they 
issued,  and  that  all  consents  between  parties  or  their  attor- 
neys entered  into  touching  the  return  and  execution  of  the 
commissions  for  taking  testimony  and  as  to  the  admissibility 
of  evidence,  entered  into  in  the  said  suits  whilst  pending  in 
the  said  courts  of  the  United  States,  shall  be  valid,  and  ob- 
tain in  the  said  suits  so  re-commenced  in  the  State  courts  of 
the  Confederate  States. 

Sec.  2.  That  upon  the  application  of  either  party,  his 
agent  or  attorney,  it  shall  be  the  duty  of  the  clerk  of  the 
district  courts  of  the  Confederate  States  to  transmit  under 
his  hand  and  seal,  duly  certified,  all  the  testimony  taken  by 
commission  in  any  case  so  brought  as  aforesaid  in  any  of  the 
circuit  or  district  courts  of  the  United  States,  to  the  clerk 
of  the  State  court  where  the  same  may  be  re-commenced,  as 
well  as  all  consents  as  aforesaid  touching  the  execution  and 
return  of  commissions  and  the  admissibility  of  testimony. 
That  he  shall  receive  for  such  service  the  sum  of  one  dol- 
lar, to  be  paid  by  the  party  applying  for  the  same,  which 
sum  shall  be  taxed  in  the  bill  of  cost  in  the  State  courts, 
and  abide  the  result  of  the  suit  as  other  costs  in  like  cases. 

Sec.  3.  Be  it  further  enacted.  That  the  State  of  Arkansas 
shall  constitute  two  judicial  districts,  the  limits  and  bounda- 
ries of  which,  and  the  officers  thereof,  shall  be  the  same  as 
existed  by  force  of  the  laws  of  the  United  States  when  the 
State  of  Arkansas  seceded  from  the  United  States,  and  such 
districts  shall  be  known  and  designated  as  the  eastern  and 
western  judicial  districts  of  the  Confederate  States  of 
America  in  Arkansas. 

Sec.  4.  Be  it  further  enacted,  That  the  judges,  marshals 
and  attorneys  for  said  districts  shall  be  appointed  by  the 
President,  and  that  the  jurisdiction  exercised  by  said  district 
courts  and  the  judges  thereof  shall  be  the  same  in  all  re- 
spects as  that  exercised  by  the  other  district  courts  of  the 
Confederate  States  and  judges  thereof,  and  that  the  said 
courts  shall  in  all  respects  be  subject  to  the  provisions  of 
the  act  entitled  "an  act  to  establish  the  judicial  courts  of 
the  Confederate  States  of  America." 

Approved  May  21,  1861. 


91 


No.  177.]  AN  ACT 

To  prohibit  the  Exportation  of  Cotton  from  the  Confederate 
States,  except  through  the  seaports  of  said  States ;  and 
to  punish  persons  offending  therein. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  from  and  after  the  first  day  of  June  next,  and 
during  the  existence  of  the  blockade  of  any  of  the  ports  of 
the  Confederate  States  of  America  by  the  government  of 
the  United  States,  it  shall  not  be  lawful  for  any  person  to 
export  any  raw  cotton  or  cotton  yarn  from  the  Confederate 
States  of  America,  except  through  the  seaports  of  the  said 
Confederate  States ;  and  it  shall  be  the  duty  of  all  the  mar- 
shals and  revenue  officers  of  the  said  Confederate  States  to 
prevent  all  violations  of  this  act. 

Sec.  2.  If  any  person  shall  violate,  or  attempt  to  violate 
or  evade  the  provisions  of  the  foregoing  section,  he  shall 
forfeit  all  the  cotton  or  cotton  yarn  thus  attempted  to  be  ille- 
gally exported,  for  the  use  of  the  Confederate  States ;  and, 
in  addition  thereto,  he  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  ex- 
ceeding five  thousand  dollars,  or  else  imprisoned  in  some 
public  jail  or  penitentiary  for  a  period  not  exceeding  six 
months,  at  the  discretion  of  the  court,  after  conviction  upon 
trial  by  a  court  of  competent  jurisdiction. 

Sec.  3.  Any  person  informing  as  to  a  violation,  or  at- 
tempt to  violate  the  provisions  of  this  act,  shall  be  entitled 
to  one-half  the  proceeds  of  the  articles  forfeited  by  reason 
of  his  information. 

Sec.  4.  Any  justice  of  the  peace,  on  information  under 
oath  from  any  person,  of  a  violation  or  attempt  to  violate 
this  act,  may  issue  his  warrant  and  cause  the  cotton  or  cot- 
ton yarn  specified  in  the  affidavit  to  be  seized  and  retained 
until  an  investigation  can  be  had  before  the  courts  of  the 
Confederate  States. 

Sec.  5.  Every  steamboat  or  railroad  car  which  shall  be 
used  with  the  consent  of  the  owner  or  person  having  the 
same  in  charge,  for  the  purpose  of  violating  this  act,  shall 
be  forfeited  in  like  manner  to  the  use  of  the  Confederate 
States.  But  nothing  in  this  act  shall  be  so  construed  as  to 
prohil)it  exportation  of  cotton  to  ^Icxico  through  its  co-ter- 
minous  frontier. 

Approved  May  21,  1861. 


92 


No.   178.]  AN  ACT 

To  provide  for  the  Pay  of  the  OiEcers  who  have  resigned 
from  the  United  States  Navy,  and  whom  it  is  proposed  to 
add  to  the  Confederate  States  Navy, 

Be  it  enacted  hy  the  Congress  of  the  Confederate  States  of 
America,  That  the  sum  of  three  hundred  and  fifty-two  thou- 
sand six  hundred  dollars  be  and  the  same  is  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  to  be  expended  in  the  pay  of  the  officers  who 
have  resigned  from  the  United  States  Navy,  and  whom  it  is 
proposed  to  add  to  that  of  the  Confederate  States,  said  sum 
to  be  appropriated  as  follows :  For  the  pay  of  twelve  cap- 
tains, on  and  off  duty,  %  40,000 ;  twenty-nine  commanders, 
on  and  off  duty,  $71,000;  eighty  lieutenants,  $139,400; 
twent^'-five  surgeons,  including  passed  assistant  surgeons, 
$56,200;  twelve  assistant  surgeons,  $  14,400;  sixteen  pay- 
masters, $  31,600.  To  pay  Captains  Lawrence  Rousseau, 
Josiah  Tatnall,  Victor  M.  Randolph,  and  Duncan  M.  Ingra- 
ham,  and  Commander  Raphael  Semmes  certain  travelling 
expenses,  as  per  resolution  of  March  15th,  1861,  ($593,) 
.  five  hundred  and  ninety-three  dollars. 

Approved  May  21,  1861. 


No.  179.]  AN  ACT 

To  make  Temporary  Disposition  of  certain   Railroad   Iron. 

Whereas,  In  furtherance  of  a  contract  between  Thomas 
C.  Bates,  an  alien  enemy  residing  in  the  State  of  New  York, 
and  the  Memphis,  El  Paso  and  Pacific  Railroad  Company,  a 
large  quantity  of  railroad  iron  is  on  deposit  at  New  Orleans 
and  on  the  Mississippi  and  Red  rivers,  intended  by  said  con- 
trict  for  said  road,  and  said  alien  being  now  incapable  of 
carrying  on  his  contract. 

The  Congress  of  the  Confederate  States  do  e?iact,  That  said 
Memphis,  El  Paso  and  Pacific  Railroad  Company  be  and  is 
hereby  authorized  to  take  possession  of  said  iron,  upon  pay- 
ment of  duty  and  lawful  charges,  if  any,  and  lay  the  same 
on  their  road,  upon  giving  bond  to  the  Secretary  of  the 
Treasury  to  respond  for  the  payment  of  said  iron,  as  Con- 


93 

gress  may  hereafter  direct,  the  ultimate  rights  of  all  persons 
being  hereby  reserved  until  such  legislation. 

Approved  May  21,   1861, 


No.  180.]  AN  ACT 

To  provide  for  the  cession,  on  the  part  of  the  State  of  Ar- 
kansas, of  the  Arsenal  at  Little  Rock,  and  of  Fort  Smith 
at  the  city  of  Fort  Smith,  in  the  State  of  Arkansas,  to 
the  Confederate  States  of  America,  and  the  acceptance  of 
the  same  by  the  said  Confederate  States. 

Whereas,  By  ordinance  of  the  Convention  of  the  State  of 
Arkansas,  passed  the  1 1th  day  of  May,  1861,  herewith  sub- 
mitted, authority  was  conferred  upon  the  delegation  of  the 
State  of  Arkansas  to  cede  to  the  Confederate  States  the 
arsenal  at  Little  Rock,  and  Fort  Smith  at  the  city  of  Fort 
Smith,  in  the  State  of  Arkansas,  and  the  grounds,  buildings 
and  appurtenances  attached  to  each,  in  accordance  "with  the 
terms  of  said  ordnance,  Therefore 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  cession  as  hereinbefore  recited  is  hereby  accepted, 
and  it  is  now  made  the  duty  of  the  Secretary  of  War  to 
accept  a  deed  of  cession  of  the  said  arsenal  and  other  pro- 
perty to  be  executed  by  the  said  delegation,  and  to  take 
charge  of  and  hold  the  same  in  the  name  of  the  government 
of  the  Confederate  States  of  America. 

Approved  May  21,  1861. 


No.  181.]  AN  ACT 

Relative  to  Prisoners  of  War. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  all  prisoners  of  war  taken,  whether  on 
land  or  at  sea,  during  the  pending  hostilities  with  the  United 
States,  shall  be  transferred  by  the  captors,  from  time  to  time 
and  as  often  as  convenient,  to  the  Department  of  War;  and 
it  shall  be  the  duty  of  tlie  Secretary  of  War,  witli  the  ap- 
proval of  the  President,  to    issue   such    instructions  to  the 


94 

Quartermaster  General  and  his  subordinates  as  shall  provide 
for  the  safe  custody  and  sustenance  of  prisoners  of  war ; 
and  the  rations  furnished  prisoners  of  war  shall  be  the  same 
in  quantity  and  quality  as  those  furnished  to  enlisted  men 
in  the  army  of  the  Confederacy, 

Sec.  2.  That  the  eighth  section  of  the  act  entitled  '^  An 
Act  recognizing  the  existence  of  war  between  the  United 
States  and  the  Confederate  States,  and  concerning  Letters 
of  Marque,  Prizes  and  Prize  Goods,"  shall  not  be  so  con- 
strued as  to  authorize  the  holding  as  prisoners  of  war  the 
officers  or  crew  of  any  unarmed  vessel,  nor  any  passenger 
on  such  vessels,  unless  such  passengers  be  persons  employed 
in  the  public  service  of  the  enemy. 

Sec.  3.  That  the  tenth  section  of  the  above  recited  act 
shall  not  be  so  construed  as  to  allow  a  bounty  for  prisoners 
captured  on  vessels  of  the  enemy  and  brought  into  port, 
unless  such  prisoners  were  captured  on  board  of  an  armed 
ship  or  vessel  of  the  enemy  of  equal  or  superior  force  to 
that  of  the  private  armed  vessel  making  the  capture. 

Approved  May  21,  1861. 


No.  182.]  AN  ACT 

For  the  publication  of  the  Laws. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  five  hundred  copies  of  the  acts  of  this 
session  of  Congress  be  published  in  pamphlet  form,  to  be 
distributed  as  follows :  one  copy  to  the  executive  of  each  of 
the  Confederate  States;  one  to  each  judge  of  the  district 
courts  of  the  Confederate  States  ;  one  to  the  executive  of  the 
Confederacy ;  one  to  the  head  of  each  department  and  of 
each  bureau ;  one  to  each  member  of  Congress,  and  one  to 
each  clerk  of  the  district  courts,  and  the  remainder  to  be 
kept  in  the  office  of  the  Department  of  Justice,  for  the  fur- 
ther order  of  Congress. 

Approved  May  21,  1861. 


95 

No.  183.]  A  RESOLUTION 

In  reference  to  printing  the  Tariff  Act,  and  other  documents 
connected  therewith. 

Resolved,  That  five  hundred  copies  of  the  tariff  act  be 
printed  for  the  use  of  Congress,  and  also  five  hundred  copies 
of  a  comparative  statement  of  the  rates  of  duty  under  the 
United  States  tariff  of  1857,  the  Confederate  iStates  tariff 
just  established,  and  the  United  States  tariff  now  of  force, 
be  printed  under  the  authority  of  the  Secretary  of  the 
Treasury. 

Approved  May  21,  1861. 


No.  184.]  AN  ACT 

Making  Appropriations  for  the  support  of  the  Navy,  for  the 
year  ending  eighteenth  of  February,  eighteen  hundred 
and  sixty-two. 

Section  1.  The  Congress  of  the  Confederate  States  do 
enact.  That  the  following  sums  be  and  the  same  are 
hereby  appropriated,  for  the  objects  hereinafter  expressed, 
for  the  year  ending  the  eighteenth  of  February,  eighteen 
hundred  and  sixty-two : 

Navy — For  purchase  of  nautical  instruments,  books  and 
charts  for  Confederate  States  Navy,  five  thousand  five  hun- 
dred dollars.  For  equipment  and  repair  of  vessels  of  Con- 
federate States  Navy,  one  hundred  thousand  dollars.  For 
laboratory  for  safe-keeping  ordnance  stores,  and  labor  in 
preparing  them,  thirty-seven  thousand  dollars.  For  ord- 
nance and  ordnance  stores,  eighty  thousand  dollars.  For 
"  contingent  enumerated,"  for  the  following  purposes,  viz  : 
Freight  and  transportation;  printing  and  stationery;  ad- 
vertising ;  models  and  drawings ;  repair  of  fire  engines  and 
hose  repairs,  and  attending  to  steam  engines  in  yards ;  pur- 
chase and  maintenance  of  horses  and  oxen  and  drawing 
teams;  carts,  lumber,  wheels,  and  the  purchase  and  repair 
of  workman's  tools;  postage  on  public  letters  ;  fuel,  oil  and 
candles  for  navy  yards  and  shore  stations ;  pay  of  watch- 
men, and  incidental  labor  not  chargeable  to  other  appropria- 
tions ;  wharfage,  dockage  and  rent ;  travelling  expenses  of 
officers  and  others,  under  orders  ;  funeral  expenses ;  store 
and  office  rent ;  commissions  and  pay  of  navy  agents  and 
clerks ;  flags,  awnings  and  packing  boxes ;  books  for  libra- 


96 

ries  of  vessels ;  premiums  and  other  expenses  of  recruiting  ; 
appreliending  deserters  ;  per  diem  pay  of  persons  attending 
courts  martial,  courts  of  inquir}^  and  other  services  author- 
ized by  law;  pay  of  judge  advocate;  pilotage  and  tonnage 
of  vessels,  and  assistance  to  vessels  in  distress ;  and  for  bills 
of  health  and  quarantine  expenses ;  fifty  thousand  dollars. 
For  medical  supplies  and  surgeons'  necessaries  for  sick  of 
navy,  engineer  and  marine  corps,  six  thousand  dollars. 

Approved  May  21,  1861. 


No.  185.]  AN  ACT 

Supplemental  to  an  Act  to   establish  the  Judicial  Courts  of 
the  Confederate  States  of  America. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  in  all  suits  and  actions  in  any  district  court 
of  the  Confederate  States,  in  which  the  judge  of  such  court 
may  be  interested,  or  may  have  been  of  counsel  of  either 
party,  or  is  connected  with  or  related  to  either  party,  so  as  to 
render  it  improper  for  him  to  sit  on  the  trial  of  such  suit  or 
action,  it  shall  be  his  duty  to  cause  the  fact  to  be  entered  on 
the  records  of  the  court ;  also  an  order  that  an  authenticated 
copy  thereof,  and  a  copy  of  all  the  proceedings,  orders, 
pleadings  and  papers  in  such  suit  or  action,  shall  be  forth- 
with certified  to  the  most  convenient  district  court  free  from 
like  objection ,  which  said  district  court,  upon  such  record 
being  filed  with  the  clerk  thereof,  shall  take  cognizance 
thereof,  in  the  like  manner  as  if  such  suit  or  action  had  been 
originally  commenced  in  said  court,  and  shall  proceed  to 
hear  and  determine  the  same  accordingly.  And  the  juris- 
diction of  such  district  court  shall  extend  to  all  such  cases 
so  removed  as  were  recognizable  in  the  district  court  from 
which  the  same  were  removed. 

Sec.  2.  When  any  appeal  or  Avrit  of  error  v*^as  pending  in 
any  of  the  late  circuit  courts  of  the  United  States,  from  any 
of  the  late  district  courts  of  the  United  States,  and  the  judge 
of  the  present  district  court  to  which  such  appeal  or  writ  of 
error  is  transferred  is  the  same  person  Avho  rendered  the 
decree  of  judgment  from  which  such  appeal  or  writ  of  error 
was  taken,  then  such  appeal  or  Avrit  of  error  shall  be  trans- 


97 

ferrcdtotlie  Supreme  Court  of  the  Confederate  States,  upon 
the  party  giving  bond  and  surety,  as  required  by  hiw  in  case 
of  an  appeal  or  writ  of  error  sued  out  to  said  Supreme  Court. 
And  an  authentic  copy  of  the  record,  under  the  seal  of  the 
district  court,  shall  be  sent  along  with  such  bond  to  the  said 
Supreme  Court,  which  court  shall  thereupon  proceed  to  hear 
and  determine  the  same,  as  in  other  cases. 

Sec,  3.  When  in  any  case  heretofore  decided  in  any  of 
the  late  district  or  circuit  courts  of  the  United  States,  cither 
party  had  the  right  to  appeal  or  to  prosecute  a  writ  of  error, 
so  as  to  suspend  execution,  but  have  been  prevented  from 
so  doing  within  the  time  fixed  by  law,  b.'  the  closing  of  the 
courts  on  the  secession  of  the  several  States,  in  all  such 
cases  a  further  period  of  six  months  from  the  time  of  hold- 
ing the  first  term  of  the  district  court  of  the  Confederate 
States  in  such  district  shall  be  allowed  such  party,  within 
which  to  take  an  appeal  or  sue  out  a  Avrit  of  error ;  and 
such  appeal  or  writ  of  error  shall  have  the  same  efi"ect  as  if 
sued  out  or  taken  within  the  time  prescribed  by  the  former 
laws. 

Sec.  4-  The  oflScial  bonds  of  all  clerks  a^id  marshals  of 
the  courts  of  the  Confederate  States  shall  be  deposited  in 
the  Department  of  Justice.  In  case  of  any  suit  thereon,  in 
favor  or  for  the  use  either  of  the  government  or  of  an  indi- 
vidual or  a  corporation,  such  suit  may  be  maintained  on  a 
copy  of  such  bond,  authenticated  by  said  department  under 
its  seal,  in  the  same  manner  as  upon  the  original.  But  if 
the  execution  of  such  bond  shall  be  desired  by  any  party 
thereto,  by  a  plea  of  7iwi  est  factum,  supported  by  affidavit, 
then  it  shall  be  necessary  to  produce  the  original  before  the 
trial  of  such  suit ;  and  in  such  case,  the  said  department 
shall  transmit  the  original  bond,  retaining  a  copy  thereof,  to 
the  court  in  which  such  suit  is  pending ;  but  the  same  shall 
be  returned  to  the  said  department,  when  the  suit  is  ended. 

Sec.  5.  Where,  in  any  case,  there  is  no  building  provided 
for  holding  a  court  of  the  Confederate  States,  it  shall  be  the 
duty  of  the  Department  of  Justic*  to  provide  suitable  ac- 
commodations for  holding  it,  and  to  furnish  the  necessary 
books  for  records  and  dockets  for  the  proper  conducting  of 
the  business  of  the  court,  sul)ject  in  all  instances  to  the  ap- 
proval of  the  President. 

Sec.  6.   The  forty-eighth  section  of  the  act  to  which  this 
is  a  supplement  shall  l)e  and  the  same  is  hereby  amended,  so 
as  to  permit  either  party   to   file  the   transcripting  the  re- 
cord and  copy  of  the  bonds,  as  therein  required,  in  the  Su- 
17 


98 

preme  Court  of  the  Confederate  States,  without  dismissing 
the  appeal  or  writ  of  error  in  the  Supreme  Court  of  the 
United  States,  where  the  said  court  refuses  to  dismiss  the 
same  upon  motion ;  and  that  the  said  section  be  also  amend- 
ed so  as  to  allow  the  period  of  tAvelve  months  from  the  time 
of  the  organization  of  the  Supreme  Court  of  the  Confede- 
rate States  for  filing  such  transcript  and  bond,  instead  of  the 
time  in  said  section  prescribed. 

Approved  May  21,  1861. 


No.  186.]  AN  ACT 

Relative  to  the  Library  of  Congress. 

The  Congress  of  the  Confederate  States  of  America  do  enact ^ 
That  the  books  purchased  by  the  committee  appointed  to  re- 
vise the  laws  of  the  United  States  be  delivered  to  the  Se- 
cretary of  Congress,  and  be  retained  by  him  for  the  use  and 
benefit  of  the  members  of  Congress  ;  and  the  secretary  sell 
the  furniture  and  other  effects  belonging  to  the  gov- 
ernment, which  shall  be  turned  over  to  the  committee  on  re- 
vision. 

Approved  May  21,  1861. 


No.  187.]  A  RESOLUTION 

Regulating  the  Payment  of  Unadjusted  Accounts. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America^ 
That  any  account  against  the  Congress  left  unadjusted  at 
this  session  by  the  committee  on  accounts,  shall  be  paid  out 
of  the  contingent  fund,  if  found  to  be  just,  by  the  first  Au- 
ditor of  the  Treasury  and  the  Secretary  of  Congress,  and 
on  their  joint  certificates  ;  and,  and  the  secretary  be  required 
to  submit  a  detailed  statement  thereof  to  the  Congress,  at 
its  next  session. 

Approved  May  21,  1861. 


99 


No.  188.1  AN  ACT 

For  tlie   Relief  of    District  Attorneys  of  tlic   Confederate 
States  in  the  fickl. 

Section  1 .  The  Congress  of  tlie  Confederate  States  of  Amer- 
ica do  enact.  That  whenever  a  district  attorney  of  the  Con- 
federate States  may  enter  the  military  service  of  the  Con- 
federate States,  he  may,  by  the  consent  of  the  district  judge, 
entered  of  record,  appoint  an  attorney  pro  tempore  duriag 
his  absence. 

Approved  May  21,  1861. 


No.  190.]  AN  ACT 

Assigning  the  Jndge,  District  Attorney  and  Marshal  for  the 
District  of  Texas,  to  the  Eastern  District  of  said  State. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact.  That  the  district  judge,  heretofore  denominated 
the  District  Judge  for  the  District  of  Texas,  be  hereafter 
denominated  the  District  Judge  for  the  Eastern  District  of 
Texas  ;  and  that  the  district  attorney  heretofore  denominated 
the  District  Attorney  for  the  District  of  Texas,  be  hereafter 
denominated  the  District  Attorney  for  the  Eastern  District 
of  Texas  ;  and  the  marshal  heretofore  denominated  the  Mar- 
shal for  the  District  of  Texas,  be  hereafter  denominated  the 
Marshal  for  the  Eastern  District  of  Texas. 

Approved  May  21,  1861. 


No.  191.]  AN  ACT 

Making  Appropriation  to  Defray  the  Expenses  of  Removing 
the  Scat  of  Government  to  Richmond,  Virginia. 

Secticx  1 .  The  Congress  of  !hc  Confederate  States  of  ylmrr- 
i:a  do  enact,  That  the  f(dlo\ving  appropriation  is  made,  out  of 
any  money  in  tlie  treasury  not  otherwise  appropriated,  for 
the  object  hereafter  expressed,  for  the  year  ending  eighteenth 


100 

of  February,  eighteen  hundred  and  sixty-two  :  For  rent  of 
executive  buildings  and  President's  house,  furniture,  ex- 
penses of  packing  books  and  records,  railroadfreight  on  fur- 
niture, books  and  records  of  the  government,  from  Montgo- 
mery to  Richmond,  drayage  and  incidental  and  contingent 
expenses  attending  the  removal,  forty  thousand  dollars. 

Approved  May  21,  1861. 


No.  192.]  A  RESOLUTION 

To  confer  certain  Powers  on  the  Secretary  of  the  Treasury. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer- 
ica, That  the  Secretary  of  the  Treasury  take  measures  for 
selling  the  unexpired  lease  of  the  President's  house  and  of 
the  buildings  used  for  the  departments,  or  for  being  relieved 
from  any  portion  of  the  rent,  as  soon  as  the  seat  of  govern- 
ment shall  have  been  removed  ;  and  that  he  cause  all  furni- 
ture no  longer  wanted  to  be  sold. 

Approved  May  21,  1861. 


101 

No.  189.]  AN  ACT 

To  secure  Copy-riglits  to  Authors  and  Composers. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  Any  person  or  persons,  being  a  citizen  or  citi- 
zens of  the  Confederate  States,  or  resident  therein,  who  shall 
be  the  author  or  authors  of  any  book  or  books,  map,  chart 
or  musical  composition,  which  may  be  now  made  or  compo- 
sed, and  not  printed  and  pul)lished,  or  shall  hereafter  be 
made  or  composed,  or  who  shall  invent,  design,  etch,  en- 
grave, Avork  or  cause  to  be  engraved,  etched  or  worked  from 
his  own  design  any  print  or  engraving,  and  the  executors, 
administrators  or  legal  assigns  of  such  person  or  persons, 
shall  liave  the  sole  right  and  liberty  of  printing,  reprinting, 
publishing  and  vending  such  book  or  books,  map,  chart  or 
musical  composition,  print,  cut  or  engraving,  in  whole  or  in 
part,  for  the  term  of  twenty-eight  years  from  the  time  of 
recording  the  title  thereof,  in  the  manner  hereinafter  di- 
rected. 

Sec.  2.  No  person  shall  be  entitled  to  the  benefit  of  this 
act,  unless  he  shall,  before  publication,  deposit  a  printed 
copy  of  the  title  of  such  book  or  books,  map,  chart,  musical 
composition,  print,  cut  or  engraving,  in  the  clerk's  office  of 
the  district  court  of  the  district  wherein  the  author  or  pro- 
prietor shall  reside.  And  the  clerk  of  such  court  is  hereby 
directed  and  required  to  record  the  same  thereof  forthwith, 
in  a  book  to  be  kept  for  that  purpose,  in  the  words  following 
(giving  a  copy  of  the  title,  under  the  seal  of  the  court,  to 
the  said  author  or  proprietor,  whenever  he  shall  require  the 
same) :   "District  of  ,  to-wit  :  Be  it  remember- 

ed, that  on  the  day  of  Anno  Domini  ,  A 

B,  of  the  said  district,  hath  deposited  in  this  office  the  title 
of  a  book  (map,  chart  or  otherwise,  as  the  case  may  be),  the 
title  of  which  is  in  the  words  following,  to-wit  (here  insert 
the  title) :  the  right  whereof  he  claims  as  author  (or  propri- 
etor, as  the  case  may  be),  in  conformity  with  an  act  of  Con- 
gress entitled  'An  Act  to  secure  Copy-rights  to  Authors  and 
Composers.'  CD,  Clerk  of  the  District.''^  For  which  record 
the  clerk  shall  be  entitled  to  receive  from  the  person  claim- 
ing such  right  as  aforesaid,  fifty  cents ;  and  the  like  sum  for 
every  copy,  under  seal,  actually  given  to  such  person,  or  his 
assigns.  And  the  author  or  jiroprietor  of  any  such  book, 
map,  chart,  musical  composition,  print,  cut  or  engraving, 
shall,  within  three  months  from  the  publication  of  said  book, 
map,  chart,  musical  composition,   print,  cut  or  engraving. 


102 

deliver  or  cause  to  be  delivered  a  copy  of  the  same  to  the 
clerk  of  said  district.  And  it  shall  be  the  duty  of  the  clerk 
of  each  district  court,  at  least  once  in  every  year,  to  trans- 
mit a  certified  list  of  all  such  records  of  copy-right,  inclu- 
ding the  titles  so  recorded,  and  the  dates  of  record;  and  also 
all  the  several  copies  of  books  or  other  works  deposited  in 
his  office  according  to  this  act,  to  the  Secretary  of  State,  to 
be  preserved  in  his  office. 

Sec.  3.  No  person  shall  be  entitled  to  the  benefit  of  this 
act,  unless  he  shall  give  information  of  the  copy -right  being 
secured,  by  causing  to  be  inserted  in  the  several  copies  of 
each  and  every  edition  published  during  the  term  secured, 
on  the  title  page,  or  page  immediately  following,  if  it  be  a 
book,  or  if  a  map,  chart,  musical  composition,  print,  cut  or 
engraving,  by  causing  to  be  impressed  on  the  face  thereof; 
or  if  a  volume  of  maps,  charts,  music  or  engravings,  upon 
the  title  or  frontispiece  thereof,  the  following  words,  viz : 
"  Entered  according  to  the  act  of  Congress,  in  year 
by  A  B,  in  the  clerk's  office  of  the  district  court  of 
(as  the  case  may  be). 

Sec.  4.  The  author  or  proprietor  of  any  book,  map,  chart, 
musical  composition,  print,  cut  or  engraving,  for  which  a 
copy-right  shall  be  secured  under  the  existing  acts  of  Con- 
gress, or  those  which  shall  hereafter  be  enacted  respecting 
copy-rights,  shall  within  three  months  from  the  publication 
of  said  book,  map,  chart,  musical  composition,  print,  cut  or 
engraving,  deliver  or  cause  to  be  delivered  one  copy  of  the 
same  to  the  Department  of  State,  for  the  use  of  Congress. 

Sec.  5,  If,  at  the  expiration  of  the  aforesaid  term  of  years, 
such  author,  inventor,  designer,  engraver,  or  any  of  them, 
when  the  work  had  been  originally  composed  and  made  by 
more  than  one  person,  be  still  living,  and  a  citizen  or  citi- 
zens of  the  Confederate  States,  or  resident  therein,  or  being 
dead,  shall  have  left  a  widow  or  child  or  children,  either  or 
all  then  living,  the  same  exclusive  right  shall  be  continued 
to  such  author, designer,  or  engraver;  or  if  dead,  then  to  such 
widow  and  child  or  children,  for  the  further  term  of  fourteen 
years :  Provided,  That  the  title  of  the  work  so  secured  shall 
be  a  second  time  recorded,  and  all  such  other  regulations  as 
are  herein  required  in  regard  to  original  copy-rights,  be 
complied  Avith  in  respect  to  such  renewed  copy-right,  and 
that  within  six  months  before  the  expiration  of  the  first  term. 

Sec.  6.  In  all  cases  of  renewal  of  copy-rights  under  this 
act,  such  author  or  proprietor  shall,  within  two  months  from 
the  date  of  said  renewal,  cause  a  copy  of  the  record  thereof 


103 

to  be  published  in  one  or  more  of  the  newspapers  printed  in 
the  Confederate  States,  for  the  space  of  four  weeks. 

Sec.  7.  All  deeds  or  instruments  in  writing  for  the  trans- 
fer or  assignments  of  copy-rights,  being  proved  or  acknowl- 
edged in  such  manner  as  deeds  for  the  conveyance  of  land, 
are  required  b_y  law  to  be  proved  or  acknow hedged  in  the 
same  state  or  district,  shall  and  may  be  recorded  in  the  office 
where  the  original  copy-right  is  deposited  and  recorded  ;  and 
every  such  deed  or  instrument  that  sliall  in  any  time  here- 
after be  made  and  executed,  and  which  sluill  not  be  proved  or 
acknowledged  and  recorded  as  aforesaid,  witliin  sixty  days 
after  its  execution,  shall  be  judged  fraudulent  and  void 
against  any  subsequent  purchaser  or  mortgagee  for  valuable 
consideration  without  notice. 

Sec.  8.  The  clerk  of  the  district  court  shall  be  entitled  to 
such  fees  for  performing  the  services  herein  authorized  and 
required,  as  he  is  entitled  to  for  performing  like  services 
under  existing  laws  of  the  Confederate  States. 

Sec.  4.  The  district  courts  of  the  Confederate  States  shall 
have  original  cognizance,  as  well  in  equity  as  at  law,  of  all 
actions,  suits,  controversies  and  cases  arising  under  any  law 
of  the  Confederate  States,  granting  or  confirming  to  authors 
or  inventors  the  exclusive  right  to  their  respective  writings, 
inventions  and  discoveries  ;  and  upon  any  bill  in  equity  filed 
by  any  party  aggrieved  in  any  such  cases,  shall  have  au- 
thority to  grant  injunctions,  according  to  the  course  and 
principles  of  courts  of  equity  to  prevent  the  violation  of  the 
rights  of  any  authors  or  inventors,  secured  to  them  by  any 
laws  of  the  Confederate  States,  on  such  terms  and  conditions 
as  the  said  courts  may  deem  fit  and  reasonable :  Provided, 
however,  That  from  all  judgments  and  decrees  of  any  district 
courts,  rendered  in  the  premises,  a  writ  of  error  or  appeal, 
as  the  case  may  require,  shall  lie  to  tlie  supreme  court  of 
the  Confederate  States,  in  the  same  manner  and  under  the 
same  circumstances  as  is  now  provided  by  law  in  other  judg- 
ments and  decrees  of  such  district  courts,  without  regard  to 
the  amount  of  the  decree,  verdict  or  judgment  appealed 
from. 

Sec.  10.  If  any  other  person  or  persons,  from  and  after 
the  recording  of  the  title  of  any  book  or  books,  according 
to  this  act,  shall,  within  the  term  or  terms  herein  limited, 
print,  publish  or  import,  or  cause  to  be  printed,  published  or 
imported,  any  copy  of  such  book  or  Imoks,  witliout  the  con- 
sent of  the  person  legally  entitled  to  the  copy-right  thereof, 
first  had  and  obtained  in  writing,  signed  in  presence  of  two 
or  more  credible  witnesses,  or  sliall,  knowing  the  same  to  be 


104 

so  printed  or  imported,  publish,  sell  or  expose  to  sale,  or 
cause  to  be  published,  sold  or  exposed  to  sale,  any  copy  of 
such  book  without  such  consent  in  writing,  then  such  offen- 
der shall  forfeit  every  copy  of  such  book  to  the  person  legal- 
ly at  the  time  entitled  to  the  copy-right  thereof;  and  shall 
also  forfeit  and  pay  fifty  cents  for  every  such  sheet  which 
may  be  found  in  his  possession,  either  printed  or  printing, 
published,  imported  or  exposed  to  sale,  contrary  to  the  in- 
tent of  this  act :  the  one  moiety  thereof  to  such  legal  owner 
of  the  copy-right  as  aforesaid,  and  the  other  to  the  use  of 
the  Confederate  States;  to  be  recovered  by  action  of  debt  in 
any  court  having  competent  jurisdiction  thereof. 

Sec.  11.  If  any  person  or  persons,  after  the  recording 
the  title  of  any  print,  cut  or  engraving,  map,  chart  or  musi- 
cal composition,  according  to  the  provisions  of  this  act,  shall, 
within  the  term  or  terms  limited  by  this  act,  engrave,  etch 
or  work,  sell  or  copy,  or  cause  to  be  engraved,  etched,  work- 
ed or  sold,  or  copied,  either  in  the  whole,  or  by  varying, 
adding  to,  or  diminishing  the  main  design,  with  intent  to 
evade  the  law  ;  or  shall  print  or  import  for  sale,  or  cause  to 
be  printed  or  imported  for  sale,  any  such  map,  chart,  musi- 
cal composition,  print,,  cut  or  engraving,  or  any  parts  there- 
of, without  the  consent  of  the  proprietor  or  proprietors  of 
the  copy-right  thereof,  first  obtained  in  Avriting,  signed  in 
the  presence  of  two  credible  witnesses ;  or  knowing  the  same 
to  be  so  printed  or  imported  without  such  consent  as  afore- 
said, then  such  offender  or  offenders  shall  forfeit  the  plate  or 
plates  on  which  such  map,  chart,  musical  composition,  en- 
graving, cut  or  print  shall  be  copied,  and  also  all  and  every 
sheet  thereof  so  copied  or  printed  as  aforesaid,  to  the  pro- 
prietor or  proprietors  of  the  copy-right  thereof;  and  shall 
further  forfeit  one  dollar  for  every  sheet  of  such  map,  chart, 
musical  composition,  print,  cut  or  engraving,  Avhich  may  be 
found  in  his  or  their  possession,  printed  or  published,  or  ex- 
posed to  sale,  contrary  to  the  true  intent  and  meaning  of  this 
act :  the  one  moiety  thereof  to  the  proprietor  or  proprietors, 
and  the  other  moiety  to  the  use  of  the  Confederate  States;  to 
be  recovered  in  any  court  having  jurisdiction  thereof. 

Sec.  12.  Nothing  in  this  act  shall  be  construed  to  extend 
to  prohibit  the  importation  or  vending,  printing  or  publish- 
ing of  any  map,  chart,  musical  composition,  print  or  engrav- 
ing, written,  composed  or  made  by  any  person  not  being  a 
citizen  of  the  Confederate  States,  nor  resident  within  the 
jurisdiction  thereof,  except  as  hereinafter  provided  for. 

Sec.  13.  Any  person  or  persons  who  shall  print  or  pub- 
lish any  manuscript  whatever,  without  the  consent  of  the 


105 

author  or  legal  proprietor  first  obtained  as  aforesaid  (if  such 
author  or  proprietor  be  a  citizen  of  the  Confederate  States, 
or  resident  therein),  shall  be  liable  to  suifer  and  pay  the  au- 
thor and  proprietor  all  damages  occasioned  by  such  injury; 
to  be  recovered  by  a  special  action  on  the  case  founded  upon 
this  act,  in  any  court  having  cognizance  thereof:  And  the 
several  courts  of  the  Confederate  States  empowered  to  grant 
injunctions  to  prevent  the  violation  of  the  rights  of  authors 
and  inventors,  are  hereby  empowered  to  grant  injunctions  in 
like  manner,  according  to  the  principles  of  equity,  to  re- 
strain such  publication  ot  any  manuscript  as  aforesaid. 

Sec.  14.  Any  copy-right  hereafter  granted  under  the  laws 
of  the  Confederate  States,  to  the  author  or  proprietor  of  any 
dramatic  composition,  designed  or  suited  for  public  repre- 
sentation, shall  be  deemed  and  taken  to  confer  upon  the  said 
author  or  proprietor,  his  heirs  or  assigns,  along  with  the  solo 
right  to  print  and  publish  the  said  composition,  the  sole  right 
also  to  act,  perform  or  represent  the  same,  or  cause  it  to  be 
acted,  performed  or  represented,  on  any  stage  or  public 
place,  during  the  whole  period  for  Avhich  the  copy-right  is 
obtained;  and  any  manager,  actor  or  other  person  acting, 
performing  or  representing  the  said  composition,  without  or 
against  the  consent  of  the  said  author  or  proprietor,  his 
heirs  or  assigns,  shall  be  liable  for  damages,  to  be  sued  for 
and  recovered  by  action  on  the  case  or  other  equivalent 
remedy,  with  costs  of  suit,  in  any  court  of  the  Confederate 
States.  Such  damages  in  all  cases  to  be  rated  and  assessed 
at  such  sum  not  less  than  one  hundred  dollars  for  the  first, 
and  fifty  dollars  for  every  subsequent  performance,  as  to  the 
court  having  cognizance  thereof  shall  appear  to  be  just: 
Provided,  nevertheless.  That  nothing  herein  enacted  shall  im- 
pair any  right  to  act,  perform  or  represent  a  dramatic  com- 
position as  aforesaid,  which  right  may  have  been  acquired, 
or  shall  in  future  be  acquired  by  any  manager,  actor  or 
other  person  previous  to  the  securing  of  the  copy-riglit  for 
the  said  composition,  or  to  restrict  in  any  way  the  right  of 
such  author  to  process  in  eciuity  in  any  court  of  the  Con- 
federate States,  for  the  better  and  further  enforcement  of 
his  right. 

Six.  15.  If  any  person  or  persons  shall  be  sued  or  prose- 
cuted for  any  matter,  act  or  thing  done  under  or  by  virtue 
of  this  act,  he  or  they  may  plead  the  general  issue,  and  give 
the  special  matter  in  evidence. 

Six.  16.  If  any  person  or  persons,  from  and  after  the 
passing  of  this  act,  shall  print  or  publish  any  book,  map, 
chart,  musical  composition,  print,  cut  or  engraving,  not  hav- 


106 

ing  legally  acquired  the  copy-riglit  thereof,  and  shall  insert 
or  impress  that  the  same  hath  been  entered  according  to  act 
of  Congress,  or  words  purporting  the  same,  every  person  so 
offending  shall  forfeit  and  pay  one  hundred  dollars:  one 
moiety  thereof  to  the  person  who  shall  sue  for  the  same,  and 
the  other  to  the  use  of  the  Confederate  States ;  to  be  recov- 
ered by  action  of  debt  in  any  court  of  record  having  cogni- 
zance thereofi 

Sec.  17.  No  action  or  prosecution  shall  be  maintained  in 
any  case  of  forfeiture  or  penalty  under  this  act,  unless  the 
same  shall  have  been  commenced  within  two  years  after  the 
cause  of  action  shall  have  arisen. 

Sec.  18.  Be  it  further  enacted.  That  all  the  rights  and 
privileges  allowed  by  this  act  to  authors,  composers  and  de- 
signers, citizens  of  the  Confederate  States,  be  and  are  hereby 
extended  to  authors,  composers  and  designers,  citizens  or 
subjects  of  any  foreign  state  or  poAver,  by  whose  laws  like 
rights  and  privileges  are  granted  to  the  citizens  of  this  Con- 
federacy, on  the  following  conditions,  viz :  First,  that  copy- 
rights shall  be  applied  for  in  this  Confederacy  within  four 
months  from  the  time  of  the  publication  of  the  original  in 
the  foreign  state  to  which  the  applicant  owes  allegiance. 
Second,  that  the  actual  and  bona  fide  publication  of  the  book 
or  other  thing  for  which  copy-right  is  sought,  shall  be  com- 
menced within  the  limits  of  this  Confederacy  within  six 
months  from  the  date  of  the  granting  of  such  copy-rights. 
On  failure  to  comply  with  either  of  these  conditions,  all  the 
rights  and  2)rivileges  attaching  to  the  copy-right  granted, 
shall  cease  and  be  of  no  effect. 

Sec.  19.  Be  it  further  enacted,  That  all  re-prints  or  publi- 
cations of  books,  maps,  charts,  musical  and  other  composi- 
tions and  designs,  for  which  copy-rights  may  be  granted 
under  the  provisions  of  the  foregoing  section,  made  or  had 
in  any  state  or  country,  denying  the  privilege  of  copy-right 
to  the  author,  composer  or  designer  thereof,  shall  not  be 
introduced  for  sale  into  the  Confederate  States ;  and  any 
person  introducing  or  selling  such  re-prints,  shall  be  liable 
to  all  the  penalties  hereinbefore  prescribed  for  a  violation  of 
copy-rights. 

Sec.  20.  Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  May  21,  1861. 


INDEX. 


ADJUTANT— 

Subaltern  of  the  line  may  be  assigned  duty,   -  -        48 

Forage.      -  -  _  -  -  -        48 

ADJUTANT  AND  INSPECTOR  GENERAL— 

Appropriation  for  department,  -  -  -  -        44 

AIDS  DE  CAMP— 

General  entitled  to  two,  -  -  -  -        28 

IIow  selected,      ------         28 

Forage,     -------48 

ALIEN  ENEMY— 

Debts  due,  may  be  paid  into  treasury,  and  certificates 

bearing  interest  received,        _  -  -  -  88-89 

Payment  of  debt  prohibited,      -  -  -  -  88-89 

APPEALS— 

From  first  auditor  to  comi)trol]er  on  P.  0.  accounts,         20 
"When  pending  in   supreme   court   U.  S.,  and   either 

party  would  transfer  to  supreme  court  C.  S.  A.,     -  97-98 

Further  time  for  transfer,  -  -  -  -        98 

Pending  in  late  circuit  court  U.  S.,  -  -        96 

Further  time  allowed  in  certain  cases,  -  -        97 

APPO I  NT  M  ENTS— 

Authority  to  President  to  continue  until  next  session 

of  congress,     ------        32 

APPROPRIATIONS  — 

Additional,  for  military  service,  _  -  -  42-44 

Legislative,  executive  and  miscellaneous  expenses,     -  44-45 
Post-otlicc  department,  -  -  -  -  -         46 

Incidental  expenses  within  certain  Indian  tribes,        -        49 
Military  expenditures  at  Charleston,    -  -  -         10 

Removal  to  Richmond,   -  -  -  -  -        99 

Marine  corps,       ------  86-87 

President  may  direct  to  other  branch  in  same  depart- 
ment,    -------17 

ARKANSAS— 

Cession  to  Confederate  States  of  arsenal,  etc.,        -            -  93 

Admission,           ------  38 

ARMS— 

Purchase  and  use  of,  patented,  -            -            -            -  30 


108 

AKMY— 

Resolution  of  thanks,    -----      3-4 

Transportation,    and   allowance    for    clothing  volun- 
teers, and  act  organizing  army  amended,      -  -  47-48 
Officers  of  regular,  may  be  assigned  staff  duty  in 

provisional  forces,       -----        30 

Officers  of  regular,  may  be  assigned  rank  and  com- 
mand,   -------48 

President  may  continue  appointments  in,  until  next 

session  of  congress,     -  -  -  -  -         32 

Sappers  and  bombardiers,  -  _  _  _  37-38 

Chaplains,  ------  3 

Light  artillery,    --.-..  10-11 
Zouaves,  -------4 

Volunteers  during  the  war,       _  -  -  -  5 

"  without  call  upon  States,  -  -  -       6-7 

Appropriations,  -----  10-42-44 

Subaltern  of  line  may  be  assigned  staff  duty,  -        48 

President  authorized  to  increase,  and  act  organizing, 
amended,  ------  28-30 

ARSENALS— 

Cession  by  Arkansas,     -----        93 

ARTILLERY, 10-11 

ASSISTANT  PAYMASTER— 

In  navy,  ----___        40 
ASSISTANT  QUARTERMASTER  GENERAL,        -  -        29 

ATTORNEYS— 

See  District  Attorneys. 
AUDITOR,  FIRST— 

Duties  and  powers  in  relation  to  P.  0.  department,   -  20-22 
Appeal  from,  to  comptroller  on  P.  0.  accounts,  -         20 

Clerks  to  aid  in  auditing  P.  0.  accounts,  -  -  21-22 

Franking  privilege,         -  -  -  -  -        22 

AUDITOR,  SECOND— 

Clerical  force  increased,  -  -  -  -        87 

BANK  NOTES— 

In  relation  to  loan,  -  -  _  _  _  11-12 

BEAUREGARD— 

Resolution  of  thanks,     -----  3 

BONDS— 

Of  clerks  of  courts  and  marshals,  to  be  filed  in  de- 
partment of  justice,     -  -  -  -  -        97 
Practice  in  suits  on  such  bonds,             -            -  -        97 
Confederate  States  loan,  and  punishment  for  forging,  32-34 

BOOKS— 

Provided  for  courts,  by  department  of  justice,  -        97 

BOUNTIES— 

Sinking  or  destroying  armed  vessels  of  enemy,  -  85-86 

Persons  on  armed  ships  U.  S.     -  -  -  -        26 

Act  construed,     -  -  -  -  -        94 

To  able  bodied  men  enlisted  in  army,  -  -        30 


109 

BRIGADIER  GENERAL— 

"Brigadier"  omitted,     -  -  -  -  -        28 

BUREAU— 

Salaries  of  chiefs  in  P.  0.  department,  -  -         12 

Appointment  of  chiefs,  -----         12 
Number  and  salaries  of  clerks,  i^c,      -  -  _  12-13 

Chief  of  contract,  performs  duties  of  P.   M.  general 

in  certain  contingencies,  -  -  _  _  12-13 

But  cannot  permanently  appoint  clerks,  -  -         13 

Of  public  printing,  further  organization,  -  -  lG-17 

Salary  of  superintendent  of  public  printing,   -  -         16 

CADETS— 

In  army,  --.-..-  29-30 

CESSION— 

Arkansas,  ______        93 

CHAPLAINS— 

Appointment  in  the  army,  -  -  _  -  3 

Pay  of,  repealed,  and  again  fixed,  _  _  -  31-32 

Appropriation  for  pay.  -  -  -  -  -        44 

CLERKS— 

Disbursing,  appointment  and  compensation,    -  -         31 

Appointment  and  salaries  in  P.  0.  department,  -   12-13 

In  first  auditor's  office,  to  aid  the  auditing  P.  0.  ac- 
counts;  appointment,  number,  &c.,   -  -  -  21-22 
In  second  auditor's  office,  increased,    -             -  -        87 
Of  congress,         ___.--         88 

CLOTIIIXG— 

Allowance  for,  in  army,  -  -  -  -        47 

COLLECTOR— 

Sabine  Pass,        ------        40 

COMMISSARY  GENERAL— 

Additions  to  department,  -  -  -  -         29 

COMMISSIONERS  OF  LOAN— 

Acts  confirmed,  ------         12 

COMPTROLLER— 

Appeal  to,  from  first  auditor  on  P.  0.  accounts,  -         20 

CONFEDERATE  STATES  OF  AMERICA— 

Permanent  government,  -  -  -  -        41 

CONGRESS— 

Election  of  senators  and  representatives  under  per- 
'  manent  constitution,   -----    11-12 

Assembling  and  org;ani7,ation,   -  -  -  -         41. 

Count  of  votes  for  president  and  vice-president.         -        41 
Members  from  Virginia,  North  Carolina  and  Arkan- 

sas,        ------  i- 

Computation  of  mileage  of  members,  -  -         11 

Librar}-,  -------•'" 

Una<ijusted  accounts,      -  -  _  -        98 

Clerical  force,      ------        i?8 

Removal,  ------        c5 


no 

CONSTITUTION— 

Amendment  of  provisional,       -  -  -  -        ^^j 

COPY-RIGHT,-  -  -  -  -  101  r.}:: 

COTTON— 

Exportation  prohibited,  except  through  seaports  of 

C.  S.  A. ;  penalty,       -  -  -  -  -        91 

COUPONS,  34 

COURTS— 

Constitution  amended,    -----        85 
District  in  Texas,  -  -  -  -  -  49, 99 

District  in  Virginia,        -  -  -  -  -         84 

Provisions  for  buildings,  books,  &c.j    -  -  -        97 

Time  and  transfer  of  appeals,    -  -  -  96-97-98 

DEBTS— 

Prohibited  payment  to  certain  alien  enemies,  and  pay- 
ment into  treasury  C.  S.  A.,  -  -  -  -  88-89 
DEPARTMENT  OF  JUSTICE— 

Duties  as  to  courts,         -  -  -  _  _        97 

DEPOSITIONS— 

Transfer  from  late  U.  vS.  courts  to  state  courts,  and 

authority  to  read  therein,       -  -  -  -  89-90 

DIGEST  OF  LAWS, 63 

DISBURSING  CLERKS, 31 

DISTRICT  ATTORNEYS— 

In  Virginia,  ------         84 

Entering  military  service,  may  appoint  attorney  pro 

tem,       -------99 

One  assigned  to  eastern  district  of  Texas,       -  -        99 

DISTRICT  COURTS— 

Provision  for  buildings,  books,  &c.,      -  -  -         97 

In  Virginia,  ------         84 

In  Texas,  - 49-50 

Constitution  amended,    -  -  -  -  -         85 

DUTIES—  -  -  -  -  -  -        50,  et  seq. 

Act  defining  previous  act,           -            -            -            -  62 

On  iron  for  Memphis,  El  Paso  and  Pacific  railroad,    -  92 

On  prize  goods,                 -            -            -            -            -  27 

ELECTORS— 

For  president  and  vice-president,           -            -            -  41 

ENGINEER  CORPS— 

President  may  add  lieutenant  colonel  and  captains,     -  29 

Pay  and  allowances  of  lieutenant  colonel,        -            -  29 

EVIDENCE— 

Transfer  from  late  U.  S.  courts  to  state  courts,  and 

authority  to  use,  -----  89-90 

In  suits  on  clerks'  and  marshals'  bonds,           -            -  97 

EXECUTIVE  BUILDINGS— 

Accounts  for  work  and  furniture,          -            -            -  49 

Unexpired  lease  at  Montgomery,            -            -             -  100 


Ill 

t'ORAGE, 48 

FORFEITURE— 

Commander  of  privateer  failing  to  keep  journal,        -         27 
Violation  of  revenue  law  by  owner  or  commander  of 

privateer,  __--_.         07 

FORGERY, 34 

FRANKING  PRIVILEGE, 15,  22 

GENERAL— 

Highest  military  title,  -  -  -  -  28 

Assigned  to  duty  and  command  by  president,  -  28 

Pay  and  allowances,        -  -  -  -  -  28 

Entitled  to  two  aids  de  camp,  to  be  selected  as  now 

provided  by  law,  -  -  -  -  -  28 

HOUSE  OF  REPRESENTATIVES— 

Assembling  and  organization,  -  -  -  41 

HOSPITALS— 

Appropriation,  -  -  -  -  -  43 

Marine,  ------  31 

Stewards,  ------  29 

IMPORTS— 

From  certain  states,  exempt  from  duty,  -  -  35 

Act  in  regard  to  railroad  iron  -  -  -  62 

INDIANS— 

Appropriation  for  expenses,     -  -  -  -        49 

INTEREST— 

On  debts,  paid  into  treasury,     -  -  -  -         89 

JUDGES— 

Constitution  amended,    -  -  -  -  -        85 

In  Texas, 49,  99 

In  Virginia,  ------         84 

JUDICIAL  DISTRICTS— 

In  Virginia,  ------         84 

In  Texas, 49,  99 

Constitutional  amendment,         -  -  -  -         85 

LAWS— 

Publication  in  gazettes,  -  -  -  -         84 

Publiealion  in  gazettes  and  distribution  in  pamphlet 

form,  ------         94 

U.S.  relating  to  district  courts  of  Texas,         -  -        50 

LIBRARY— 

Of  congress,        ------  98 

LOAN, 32-34 

MAILS— 

Extension  of  service,      -            -            -            -            -  36 

Route  from  Vermillionville  to  Orange,              -            -  37 

Amendatory  act  vesting  powers  in  P.  M.  general,        -  7-8 

MARINE  CORPS— 

Further  organization,      -  -  -  "  -         39 

Pay  provided,      ------  86-87 


112 

MARINE  CORPS— Continued. 

Rations,  _  _  _  -        39 

MARINE  HOSPITALS,  -  -  .  .        31 

MARQUE— 

Letters,     -  -  -  -  -  -       23,  et  seq. 

Act  construed,  -  -  -         85-86,  94 

MARSHALS— 

In  Texas, 49,  99 

In  Virginia,          -            -            -            -"-            -84 
Bonds, 97 

MEDICAL  DEPARTMENT— 

Surgeons,  assistant  surgeons  and  stewards,      -  -  29 

Medical  supplies ;  appropriation,           -  -  -  43 

Memphis,  El  Paso  and  Pacific  railroad,  -  -  92-93 

MESSENGER— 

Bureau  of  public  printing,                       -  -  -  16 

Treasury  Department,                 -            -  -  -  21 

MILEAGE— 

Appropriation  for  members  of  congress,  -  -        45 

Comijutation ;  rule,         -  -  -  -  -         11 

MINTS— 

Suspension;  regulations,  &c.,  _  _  _  15-lG 

Moneys  and  bullion  transferred,  _  _  _  15-16 

NAVY  DEPARTMENT— 

Models  of  new  defences,  vessels  or  batteries  deposited 

with  specifications,     -  _  _  _  85-86 

NAVY— 

President  authorized  to  continue  appointments,  -         32 

Amendatory  act  organizing,      -             -            _  -  39-40 

Paymasters,        -            -             _                          _  _         40 

Marine  corps,     -----  39,  86-87 

Pay  of  U.  S.  officers  resigned,  and  appointed  in  C.  S. 

N.,       -            -            -            -            -            -  -        92 

Appropriation  for  support,        -             _             _  -  95,  96 

NEW  ORLEANS— 

Limits  of  port  defined,  -  -  -  -         17 

NORTH  CAROLINA— 

Admission,  &c.,  -  -  -  -  -        35 

OATH— 

Telegraph  officers.  -  -  _  _  _  9 

OFFENCES— 

Forging  bonds,  notes,  &c.,  -  -  -  -         34 

Pajang  debt  to  alien  enemy,       _  -  _  _  88-89 

ORDINANCE— 

Amending  constitution,  -  -  -  -         85 

ORDNANCE— 

Number,  pay  and  allowance  of  sergeants,        -  -        29 

Appropriation  for  service,         -  -  -  -        43 


113 

ORPHANS— 

Provision  for  privateers,  -  -  -  -        28 

PATENT  OFFICE— 

Organization,      ----..  C3-G8 
Navy  department,  -  -  -  -  -         80 

PATENTS— 

Resolution  of  4th  March  extended,      -  -  _  4 

General  law,       -----_  G3-83 
Purchase  and  right  of  using  arms  and  military  sup- 
plies and  patented  invention,  -  -  -         30 
Models  of  new  defences,  vessels  or  batteries,  together 
with  specifications,  to  be  deposited  in  navy  depart- 
ment,              ......        80 

PAYMASTERS— 

Assistant,  in  navy,  -  -  -  _  _         40 

PORTS  OF  ENTRY— 

Sabine  Pass,        ------        40 

New  Orleans,     ------  17-18 

Baj-ou  St.  John,  Lake  Port  and  Port  Pontchartrain 

abolished,        ------         ig 

POSTAGE— 

Rates,  and  when  and  how  paid,  -  -  _  13_15 

Franking  privilege  extended,  -  -  -  15, 22 

POSTMASTER  GENERAL— 

Act  of  15th  March  1861,  vesting  powers,  amended,     -       7-8 
Duties  and  powers  in  relation  to  first  auditor  of  treas- 
ury,    -  -  -----  -  20-21 

Authority  to  extend  mail  service,         -  -  -36 

Authority  to  contract  for  carrying  mail  from  Verniil- 

lionville  to  Orange,      -  -  -  -  -         37 

Authority  to  employ  officers  of  telegraph  companies,         40 
Duties  performed  b}^  chief  of  contract  bureau  in  cer- 
tain contingencies,       -----  12-13 

Clerks,  employees,  &c.,  -  -  -  -  12-13 

POST-OFFICE  DEPARTMENT— 

Duties  and  powers  of  first  auditor  of  treasury,  -  20-22 

Appeal  from  first  auditor  to  comptroller,         -  -         20 

Postmaster  general  may  prescribe  rules  for  sale  of 
property  mortgaged  or  conveyed,      -  -  -         21 

Secretary  of  treasury  appoints  clerks  to  aid  first  au- 
ditor on  accounts,        -  -  -  -  -         21 

Chiefs  of  bureaus,  clerks,  employees,  &c. ;  appoint- 
ment, number  and  salaries,     -  -  -  -  12-13 

Chief  of  contract  bureau  performs  duties  of  postmas- 
ter general  in  contingencies,  -  _  _  12-13 

Agents,  messengers,  &c.,  pass  free  of  charge  on  mail 

routes,  ------  8 

POSTAL  SERVICE,     ..----      7-8 

PRESIDENT— 

Authority  in  relation  to  telegraph,        -  -      8-10, 44-46 

May  assign  subaltern  of  line  to  duty  of  adjutant,        -        48 
18 


114 

PRESIDENT— Continued. 

May  confer  rank  and  command  in  volunteer  service 

upon  officers  of  the  army,      -  -  -  -         48 

May  continue  appointments  in  military  and  naval  ser- 
vice,     -------32 

Authority  as  to  companies  of  light  artillery,  -  lO-ll 

Authority  as  to  chaplains  in  the  army,  -  -  3 

Communication    of   resolution    of  congress   to    Gen. 

Beauregard  and  army,  _  _  _  _  4 

May  accept  services  of  volunteers  during  war,  -  5 

Authority  to  appoint  officers  of  such  volunteers,         -  5 

May  accept  volunteers  without  call  upon  the  states, 
for  such  time  as  he  may  prescribe,  and  from  states 
not  of  C.  S.  A.,  -  -  -  -  -       6-7 

Authority  as  to  appointment  of  officers  in  such  case,  7 

May  order  last  named  volunteers  on  detached  service,       6-7 
May  direct  appropriation  of  money  to  another  branch 

of  expenditure  in  same  department,  -  -         17 

Authority  to  raise  and  organize  additional  regiments,  28-29 
May  add  to  corps  of  engineers,  -  -  -         29 

Authority  to  appoint  military  storekeepers,  -         29 

May   appoint   cadets,  and  prescribe   regulations   for 

their  promotion,  -  _  _  _         _  29-30 

May  assign  army  officers  to  staff  duty  with  provisional 

forces,  __-__-         30 

Authorized  to  use  land  and  naval  force,  -  -         23 

Authorized  to  issue  letters  of  marque  and  reprisal,  and 

to  revoke  and  annul,  _  _  _  _  23-24 

Authorized  to  establish  instructions  to  privateers,  26 

Authority  to  buildings  and  books  provided  for  courts,         97 
Authority  as  to  removal  of  seat  of  government,  and 

of  meeting  of  Congress,         -  -  -  -         88 

Appointment  of  naval  officers,  _  _  .  39-40 

Assignment  of  duty,       -----        40 

Appointment  of  assistant  paymasters  of  navy,             -        40 
«                  "  collector  at  Sabine  Pass,         -            -        40 
Election  and  inauguration  under  permanent  constitu- 
tion,        41-42 

Proclamation  in  regard  to  North  Carolina,      -  -         35 

"  "  "      Tennessee,  -  -  -         36 

Assent  to  issue  of  bonds  and  notes,     -  -  -  32-34 

Approves  instructions  to  quartermaster  general,  for 

custody  and  sustenance  of  prisoners  of  war,  -  93-94 

PRINTING— 

Further  organization  of  bureau  of  superintendent  of 

public,  _-__-_  16-17 

Acts  of  congress  and  treaties,  -  -  -84,94 

Tariff  act  and  other  documents,  -  -  -         95 

PRISONERS— 

Disposition    of,    and    bounty    for,    when    taken    on 

vessels,  -  -  .         -  -  -     25-26,93-94 

Disposition  of,  when  taken  on  land,      .  -  -  93-94 

Rations,    -------94 

PRIVATE  SECRETARY— 

Salary,  «--__.        85 


115 

PRIVATEERS— 

General  act,         -  -  -  -  -        23,  et  scq. 

"  «     construed  and  amended,  -    85-80, 93-94 

Bounty  for  destroying  or  sinking  oneniv's  vessels  of 

war,  -  -  -  -  ■  -  -  85-80 

PRIZES— 

Sale  and  distribution,  .  .  .  _  18-20 

General  act,         _____         22,  ctseq. 

PRIZE  GOODS— 

Sale  and  distribution,  .  _  .  _  18-20 

Deduction  of  duty,         -  -  -  -  -         28 

PRIZE  MONEY— 

Fund  from,  for  widows  and  orphans,  and  disabled  per- 
sons on  board,  -  -  -  -  -        28 

PROVISIONAL  FORCES— 

Transportation  and  allowance  for  clothing,  Sec.  -        47 

PROVISIONAL— 

Subaltern  of  line  may  be    assigned  to    dutj'  of  adju- 
tant,     -  -  -  -  -  --48 

Officers  of  regular  army  ma}'  be  assigned  to  statf  duty,         30 
Officers  of  regular  army  may  be  assigned  to  rank  and 

command,         __  -  -  -  -        48 

Certain  appointments   made  by   President  continued, 

and  to  be  submitted  to  Congress  next  session,  -         32 

Chaplains,  ______  3 

A'oluuteers  during  the  war,         -  -  -  -  5 

Volunteers  during  the  war  without  call  upon  the  states,       0-7 
Approi)riation    for  expenditures   in   South  Carolina,         10 
General  appropriation,  _  _  _  _  42-43 

Amendatory  act  as  to  light  artillery,  -  -  10-11 

PUBLIC  BUILDINGS— 

In  Montgomery,  _  _  _  -  -       100 

In  Richmond,        _  _  -  _  _         8S 

PUBLIC  DEFENCE— 

Amended,  act  providing  for  light  artillerj',      -  -10-11 

Confederate  loan,  _  _  _  _  -  11-12 

Zouaves,  _  _  -  -  -  -  4 

Volunteers  during  the  war,        _  _  -  -  5 

Volunteers  during  the  war  without  call  upon  the  states,  0-7 
Marine  corps,  _-----  39 
Sappers  and  bombardiers,  -  -  -  -         37 

Military  cstablislnnent  increased,  and  act  organizing, 

amended,  __----  28-o0 

QUARTER M A STER  GENERAL— 

Department  increased,  and  rank  of  those  added,  -  20 

QUARTERMASTER  SERG EANT— 

Number,  pay  and  allowances,                  -            -  -  20 

RAILROADS— 

Mail  service,  classification,         .            -            -  -  7-8 

Compensation  for  carrying  mails,          _            _  -  8 

Agents  and  other  mail  service;    employees  pass  free,  8 

Temporary  disposition  of  iron  for  one,             -  -  02-93 


116 

RAIL  ROADS— Continued. 

Duty  on  rails,  spikes,  &c.,  defined,        -  -  -        62 

RECRUITS— 

Kounty     --.--.-30 

REPRESENTATIVES— 

Election  under  permanent  constitution,  -  -        41 

RESOLUTIONS— 

Beauregard  and  army  under  his  command,       -  -  3 

Printing  tariff  and  other  documents,  -  -         95 

Patents  and  caveats,        -----  4 

Payment  of  unadjusted  accounts,  -  -  -         98 

Conferring  certain  powers  on    Secretary  of  Treasury 

in  regard  to  executive  buildings  and  furniture,        -       100 

REVENUE— 

Tariff  act, 50-62 

Meaning  of  previous  act  of  March  15,  defined,  -         62 

Violation  by  owners  or  commanders  of  privateers,      -  27-28 
Deduction  of  tariff  on  prize  goods,        -  -  -         28 

SALARIES— 

Of  private  Secretary  of  President,       -  -  -        85 

Of  superintendent  of  public  printing,  -  -         16 

Of  his  messenger,  -  -  -  -  -         16 

Of  chiefs  of  bureaus  in   P,  0.    department,  and  their 

clerks,  &c.,        ------  12-13 

Clerks  in  first  auditor's  office,  -  -  -         21 

Messenger  in  Treasury  department,      -  -  -         21 

SALVAGE— 

In  case  of  recapture,       -  -  -  -  -        25 

5  per  cent,  for  widows  and    orphans,  and   privateers 

disabled  in  fight,         -  -  -  -  -        28 

SAPPERS  AND  BOMBARDIERS,  -  -  -  37-38 

SERGEANTS— 

Quartermaster,  -  _  _  -  _        29 

Ordnance,  --___-         29 

SEAT  OF  GOVERNMENT— 

Removal,  ------         88 

SECRETARY  OF  TREASURY— 

Authorized  to  pa}'  certain  accounts  for  work  on  build- 
ings and  for  furniture,  -  -  -  -        49 

Acts  in  regard  to  loan  confirmed,  -  -  -         12 

Authorized  to  make  and  continue  certain  deposits  on 

account  of  loan,  -  -  -  -  -         12 

Authority  in  regard  to  mints,  -  -  _  15-16 

Appointment  of  clerks  in  first  auditor's  office,  -  21-22 

Messenger,  ------         21 

Authorized  to  pay   bounties  for  prisoners  taken  on 

armed  vessels,  -  -  _  -  -         26 

Authority  in  regard  to  public  buildings  and  furniture 

in  Montgomery,  -----       100 

Must  submit  to   congress  statement  of  unadjusted  ac- 
counts against  it,  -  -  -  _  -         98 
In  relation  to  printing  tariff  act  and  other  documents,        95 


117 

SECRETARY  OF  TREASURY— Continued. 

Authority  as  to  marine  hospitals,  -  -  -         31 

"  "      bonds  and  treasury  notes,       -  -  32-34 

Directed  to  refund  to  certain  railroad  companies.       -  C2-G3 

SECRETARY  OF  WAR— 

To  determine  number  of  hospital  stewards,  -         29 

Instructions  in  regard  to  prisoners  of  war,      -  -        93 

SENATE— 

Assembling  and  organization,  -  -  -         41 

President  of,  shall   open  certificates  of  votes  for  Pre- 
sident and  Vice-President,  -  -  -         41 
SENATORS— 

Election  under  permanent  constitution,  -  -        41 

SOUTH  CAROLINA— 

Military  expenditures,  -  -  -  -         10 

STAFF  DUTY— 

Officers  of  army  may  be  assigned,        -  -  -        30 

STEWARDS— 

Hospital ,  number,  pay  and  allowances,  -  -        29 

STOCKS— 

Of  Confederate  States,  ....  32-34 

Certificates  for  amounts  of  debts  due  alien   enemies,  88-89 

STOREKEEPERS— 

Appointment  and  rank  of  military,  -  -         29 

SUITS— 

AYhen  judge  is  related  to  either  part)',  or  is  interest- 
ed, or  was  of  counsel,  transferred,  -  -         9G 
Against  clerks  and  marshals  on  official  bonds,  -        97 
On  appeal  in  late  U.  S.  circuit  courts,                -  -         96 

SUPERINTENDENT  OF  PUBLIC  PRINTING— 

Further  organization  of  bureau,  _  -  -  lG-17 

Salary,  -".-----  10 
Messenger,  -  -  -  -  -  ",■'■!! 

Duties  and  powers,  -----  lC-17 

SUPREME  COURT— 

Transfer  of  appeals  and  writs  of  error,            -            -  9G-9S 

SURGEONS— 

Additional  appropriation  to  pay,           -            -            -  44 

Additional  surgeons  and  assistant  surgeons,                 -  29 

TARIFF— 

Imports  from  certain  states  exempt,                 -            -  35 

On  prize  goods,  -  -  -  -  -  28 
General  act,  -  -  -  -  -  SO.etseq. 
Act  defining  previous  act  as  to  rail  road  iron,  spikes, 

plates,  itc,        ------  Gl 

TELEGRAPH  LINES— 8-10 

Amendatory  act  -----  44 
Postmaster  general,  with  approval  of  President,  may 

employ  officers  to  perform  certain  duties,    -            -  40 


118 

TENNESSEE— 

Admission,  ------         36 

TESTIMONY— 

Transfer  from    district   and   circuit   courts   to   State 

courts,  ------  89-90 

TEXAS— 

Judicial  districts,  -  -  -  -  -        49 

Judge,  district  attorney  and  marshal  assigned  to  east- 
ern district,      ------        99 

Laws  of  U.  S.  relative  to  district  courts  continued  in 

force,     -------50 

TKANSPORTATION, 47 

TREASURER— 

Authorized  to  draw  checks  or  warrants  on  banks,  on 

account  of  deposits  of  loan,  -  -  -         12 

TREASURY— 

Certain  debts  may  be  paid  into,  and  certificates  bear- 
ing interest  made,        -----  88-89 

TREASURY  DEPARTMENT— 

Clerical  force  in  bureau  of  second  auditor,  increased,         87 

TREASURY  NOTES, 32-34 

TREATIES— 

Mode  of  publication,       -  -  -  -  -         84 

UNITED  STATES— 

Existence  of  war  recognized,  and  letters  of  marque 

and  reprisal  authorized,  -  _  _  _  22-28 

Laws  relative  to  district  courts  of  Texas,  continued  in 

force,    -------50 

Payment  of  debts  to  certain  citizens  of,  prohibited,    -  88-89 

VICE-PRESIDENT— 

Election  under  permanent  constitution,  -  -        41 

VIRGINIA— 

Admission,  ------  5 

VOLUNTEERS— 

Transportation  and  allowance  for  clothing,      -            -  47 

During  the  war,               -----  5_6 

"             "           officers,             _            _            -            -  6 

Without  call  upon  the  States,  and  their  officers,          -  6-7 

Subaltern  of  line  assigned  to  duty  of  adjutant,  -  48 
Officers  of  regular    army   may  be  assigned   to    staff 

duty,     -------  30 

Officers  of  regular  army  may  be  assigned  rank  and 

command,         ------  48 

Certain  appointments  made  by  President  continued, 

and  to  be  submitted  to  Congress,       -            -            -  32 

Chaplains,             _-_-_-  3 

Appropriations  for  expenditures  in  South  Carolina,    -  10 

General  appropriation,   -----  42-43 

Amendatory  act  as  to  light  artiller}-,   -            -            -  10-11 


119 

WAR  — 

Existence  of,  with  U.  S.  recognized,      -  -  -22 

Payment  of  debts  to  enemy   prohibited   during   con- 
tinuance, _-_.__  88-89 

Prisoners,  _  -  -  -  .    25-2G,  93-94 

WAR  DEPARTMENT— 

Additional  appropriation,  -  -  _  _  42-44 

WIDOWS  AND  ORPHANS— 

Of  privateers,  provided  for,        -  -  -  -         28 

WRITS  OF  ERROR— 

Transfer   from   Supreme  Court  U.  S.  to  that  of  C.  S. 
A.,         ------  -        98 

Further  time  allowed,     -----  97-98 

Pending   in    U.   S.   circuit  courts,  transferred  to  su- 
preme court  when  judge  the  same,   -  -  -        90 
ZOUAVES— 

Regiment,  .__-__       4_5 


